Road Management (General) Regulations 2016 (Victoria)

These Regulations prescribe procedural, administrative and enforcement details that implement and supplement the Road Management Act 2004. Mechanically, they do the following.

Modify the consultation and notice requirements for road discontinuances by creating limited statutory exemptions from the default section 12(4)-(10) consultation steps of the Act, where certain conditions are met (for partial-width discontinuances and some full-width discontinuances) and specified written notice is given to particular stakeholders (reg 6(1)-(6)). The objectives list this exemption expressly (reg 1(a)) and the detailed notice form and timeframes are in reg 6(2), (5)-(6).
Prescribe matters that must appear in a register of public roads, including references to declarations of controlled access roads and notices under Schedule 2 (reg 7).
Prescribe review intervals and the process for road management plans: the timing a road authority must commence and complete a review (reg 8); the substance of a review (inspections, maintenance and repair standards and priorities) and the requirement to produce and publish a written report of the review (reg 9); and the procedure for making certain amendments to a road management plan, including public notice requirements and a CEO certification route that can remove the public-notification step where the standard proposed is higher, or purely administrative, or applies to roads acquired since the last review (regs 10-13).
Prescribe the particulars that must appear in a notice of incident and the matters that must be contained in a condition report under sections 115-116 of the Act (regs 14-15).
Create a permit regime and specified prohibitions for protecting roads and Head, Transport for Victoria property: requiring written permits for interfering with road infrastructure, excavation, depositing materials, removing plants, etc. (reg 16); similar prohibitions and permit powers for construction zones under the Head, Transport for Victoria umbrella (reg 17); restrictions on driving vehicles likely to damage roads without consent (reg 18); and powers to restrict entry to Head, Transport for Victoria property (reg 19).

Version No. 005

Road Management (General) Regulations 2016

S.R. No. 11/2016

Version incorporating amendments as at
11 March 2026

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Revocation 2

5 Definitions 2

Part 2—Management of roads 7

6 Exemption from consultation requirement for discontinuance of certain roads 7

7 Matters that must be included in a register of public roads 11

Part 3—Road management plans 12

Division 1—Review of road management plans 12

8 Road authority must conduct review of road management plan 12

9 Conduct of review of road management plan 13

Division 2—Amendment of road management plans 15

10 Procedure for certain amendments to road management plans 15

11 When notice of proposed amendment is not required 16

12 Date of effect of plan or amendment 18

13 Availability of amendments to road management plans 18

Part 4—Notices of incident and condition reports 20

14 Particulars of notice of an incident 20

15 Contents of condition report 20

Part 5—Protection of roads and property 22

16 Interference with roads 22

17 Interference with construction zones 24

18 Damage to roads 25

19 Entry to and conduct on Head, Transport for Victoria property 26

20 Prohibited uses of bridges 28

21 Camping 29

22 Removal of vehicles 30

23 Hoardings and advertisements 31

24 Direction to remove objects, substances and materials from road 34

25 Removal of objects, substances and materials from road 35

Part 6—Road management infringement notices 39

26 Offences under the regulations for which a road management infringement notice may be issued 39

Part 7—Fees and charges 40

27 Fee for property enquiries 40

28 No charges for certain uses of road reserves 40

Schedule 1—Road management infringements 42

═══════════════

Endnotes 43

1 General information 43

2 Table of Amendments 45

3 Explanatory details 46

Version No. 005

Road Management (General) Regulations 2016

S.R. No. 11/2016

Version incorporating amendments as at
11 March 2026

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to exempt certain road discontinuances from certain requirements of section 12 of the Act; and

(b) to prescribe certain matters that must be recorded in a register of public roads; and

(d) to prescribe the manner in which a road authority must review its road management plan; and

(e) to prescribe the manner in which a road authority may make certain amendments to its road management plan; and

(f) to prescribe the particulars to be contained in a notice of incident; and

(g) to prescribe particulars to be contained in a condition report; and

(h) to provide for the protection of roads and property; and

(i) to authorise the removal of vehicles, objects, substances and materials from roads; and

(j) to make provision with respect to the matters that a road authority must consider in exercising its powers in relation to hoardings and advertisements on roads, and to confer certain appeal rights; and

(k) to specify certain offences under the regulations to be road management infringements and to specify the penalty for those road management infringements; and

(l) to fix certain fees and charges.

2 Authorising provision

These Regulations are made under section 132 of the Road Management Act 2004.

3 Commencement

These Regulations come into operation on 18 March 2016.

4 Revocation

The Road Management (General) Regulations 2005[1] are revoked.

5 Definitions

(1) In these Regulations—

Reg. 5(1) def. of Alpine Resort Management Board revoked by S.R. No. 100/2025 reg. 4(1)(a).

Reg. 5(1) def. of Alpine Resorts Victoria inserted by S.R. No. 100/2025 reg. 4(1)(b).

Alpine Resorts Victoria has the same meaning as in section 3 of the Alpine Resorts (Management) Act 1997;

Reg. 5(1) def. of commercial road amended by S.R. No. 100/2025 reg. 4(1)(c).

commercial road means the Link road, Extension road, EastLink, Peninsula Link Freeway and West Gate Tunnel tollway;

Reg. 5(1) def. of construction zone amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 1(b)).

construction zone means any place or area in which the Head, Transport for Victoria or a Head, Transport for Victoria contractor is conducting road construction or maintenance works, whether or not that place or area is a road;

Note

Road is defined in section 3(1) of the Act.

emergency has the same meaning as in section 3 of the Emergency Management Act 2013;

Reg. 5(1) def. of Head, Transport for Victoria contractor inserted by S.R. No. 151/2019 reg. 4(Sch. 1 item 1(a)).

Head, Transport for Victoria contractor means a person engaged directly or indirectly by the Head, Transport for Victoria to carry out work on behalf of the Head, Transport for Victoria and includes a subcontractor;

Reg. 5(1) def. of Head Transport for Victoria property inserted by S.R. No. 151/2019 reg. 4(Sch. 1 item 1(a)).

Head Transport for Victoria property means any property other than a road which is owned or occupied by the Head, Transport for Victoria as a road authority;

Reg. 5(1) def. of municipal council substituted by S.R. No. 61/2024 reg. 4(a).

municipal council has the same meaning as Council has in section 3(1) of the Local Government Act 2020;

registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986;

Reg. 5(1) def. of relevant corporation amended by S.R. Nos 151/2019 reg. 4(Sch. 1 item 1(c)), 100/2025 reg. 4(1)(d)(e).

relevant corporation means—

(a) in relation to the Link road—the Head, Transport for Victoria; and

(b) in relation to the Extension road—the Head, Transport for Victoria; and

(d) in relation to the Peninsula Link Freeway—the Peninsula Link Freeway Corporation; and

(e) in relation to the West Gate Tunnel tollway—the West Gate Tunnel Corporation;

Note

Link road, Extension road, EastLink, EastLink Corporation, Peninsula Link Freeway, Peninsula Link Freeway Corporation, West Gate Tunnel Corporation and West Gate Tunnel tollway are defined in section 3(1) of the Act.

responder agency has the same meaning as in section 3 of the Emergency Management Act 2013;

response has the same meaning as in section 3 of the Emergency Management Act 2013;

the Act means the Road Management Act 2004;

Reg. 5(1) def. of traffic control device amended by S.R. No. 61/2024 reg. 4(b).

traffic control device has the same meaning as in the Dictionary to the Road Safety Road Rules 2017[2];

Reg. 5(1) def. of vehicle amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 1(d)).

vehicle has the same meaning as in section 3(1) of the Road Safety Act 1986.

Reg. 5(1) def. of VicRoads contractor revoked by S.R. No. 151/2019 reg. 4(Sch. 1 item 1(e)).

Reg. 5(1) def. of VicRoads' property revoked by S.R. No. 151/2019 reg. 4(Sch. 1 item 1(e)).

Reg. 5(2) amended by S.R. No. 100/2025 reg. 4(2).

(2) For the purposes of these Regulations, unless a contrary intention appears, a reference to a road, public road or freeway includes the Link road, Extension road, EastLink, Peninsula Link Freeway and West Gate Tunnel tollway.

Note to reg. 5(2) amended by S.R. No. 100/2025 reg. 4(3).

Note

See sections 133, 133A, 133B and 133C of the Act.

(3) These Regulations do not alter or vary any right, privilege, obligation or liability of—

(a) the Link corporation or the Extension corporation under the Melbourne City Link Act 1995, the Agreement, the Extension Agreement or the Integration and Facilitation Agreement; or

(b) the EastLink Corporation under the EastLink Project Act 2004 or the EastLink Agreement; or

Reg. 5(3)(c) amended by S.R. No. 100/2025 reg. 4(4)(a).

Reg. 5(3)(d) inserted by S.R. No. 100/2025 reg. 4(4)(b).

(d) the West Gate Tunnel Corporation or the West Gate Tunnel operator under the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the West Gate Tunnel Agreement.

Note to reg. 5(3) amended by S.R. No. 100/2025 reg. 4(4)(c).

Note

Link corporation, Extension corporation, the Agreement, the Extension Agreement, the Integration and Facilitation Agreement, EastLink Agreement, Peninsula Link Freeway Corporation, Peninsula Link Project Deed, West Gate Tunnel Corporation, West Gate Tunnel operator and West Gate Tunnel Agreement are defined in section 3(1) of the Act.

Part 2—Management of roads

6 Exemption from consultation requirement for discontinuance of certain roads

(1) For the purpose of section 12(11)(a) of the Act, a proposed discontinuance of part of a road that does not incorporate the full width of the road is exempt from the requirements under section 12(4) to (10) of the Act if—

(a) the use of any existing means of access to any land will not be denied; and

(b) it will not prohibit or unreasonably restrict the passage along the road of persons, vehicles or other kinds of traffic; and

(d) any written submission received within the period specified in the notice from a recipient of that notice has been considered and dealt with in the same way that a written submission referred to in section 12(5) of the Act must be dealt with under section 12(6) to (10) of the Act.

Notes

1 Section 12(4) of the Act otherwise requires a discontinuing body to publish a public notice stating that submissions in respect of the proposed discontinuance of the road will be considered. Section 12(5) to (10) of the Act provide the process for dealing with those submissions.

2 Traffic is defined in section 3(1) of the Act.

(2) For the purpose of subregulation (1)(c), notice of the proposed discontinuance must—

(a) be given in writing to—

(i) the relevant municipal council; and

(ii) each utility, provider of public transport, infrastructure manager and road authority who is responsible for infrastructure installed on, under or over the relevant part of a road (of whom the discontinuing body is aware); and

(b) state that the recipient may make a written submission to the discontinuing body in respect of the proposed discontinuance within the specified period, being a period of not less than 28 days after the notice has been served.

(3) For the purpose of subregulation (1), the use of an existing means of access to land will not be denied if—

(a) the land that is subject to the proposed discontinuance is proposed to be—

(i) sold, transferred or otherwise disposed of to the owner of the land that directly abuts the subject land where the abutting land is owned by a single land owner or one group of joint land owners (whether that be as joint tenants, tenants in common or another form of joint ownership); or

(ii) consolidated or subdivided with the land that directly abuts the subject land where the abutting land is owned by a single land owner or one group of joint land owners (whether that be as joint tenants, tenants in common or another form of joint ownership); or

(b) an alternative means of access is proposed to be provided in respect of any land where an existing means of access to that land would otherwise be denied.

Example

A narrow strip of land along the edge of a road reserve is no longer required because of the realignment of a roadway. The discontinuing body proposes to discontinue that part of the road reserve and sell it to the sole abutting land owner. The existing means of access to the abutting land will not be denied and the discontinuance will not impact on the public's use of the road since the discontinuance will only have the effect of slightly narrowing the road reserve and footpaths and the roadway will be unaffected. In such circumstances, regulation 6 provides, for the purposes of section 12(11)(a) of the Act, that the requirements under section 12(4) to (10) of the Act do not apply provided that the requirements specified in regulation 6 are complied with.

(4) For the purpose of section 12(11)(a) of the Act, a proposed discontinuance of a road or part of a road that incorporates the full width of the road is exempt from the requirements under section 12(4) to (10) of the Act if—

(a) the discontinuing body reasonably believes that the road or part of a road is not in use for road-related purposes by any person; and

(b) there are existing alternative means of access to all land abutting the road or part of a road; and

(d) any submission received within the period specified in the notice from a recipient of that notice has been considered and dealt with in the same way that a written submission referred to in section 12(5) of the Act must be dealt with under section 12(6) to (10) of the Act.

Note

Section 12(4) of the Act otherwise requires a discontinuing body to publish a public notice stating that submissions in respect of the proposed discontinuance of the road will be considered. Section 12(5) to (10) of the Act provide the process for dealing with those submissions.

(5) For the purposes of subregulation (4)(c), notice of the proposed discontinuance must—

(a) be given in writing to—

(i) the relevant municipal council; and

Reg. 6(5)(a)(iii) amended by S.R. No. 61/2024 reg. 5.

(iii) where the road or part of a road provides access (whether or not that access is used) to the land administered under the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975, the Wildlife Act 1975 or the Alpine Resorts (Management) Act 1997—the Secretary to the Department of Energy, Environment and Climate Action; and

(6) For the purposes of subregulation (4)(c), reasonable steps must be taken to give to the owner of each property that abuts the road or part of a road notice in writing of the proposed discontinuance stating that the recipient may make a submission to the discontinuing body in respect of the proposed discontinuance within the specified period, being a period of not less than 28 days after the notice has been served.

7 Matters that must be included in a register of public roads

The following matters are prescribed for the purposes of clause 1(k) of Schedule 1 to the Act as matters which must be included in a register of public roads—

(a) a reference to any declaration under section 42 of the Act of a controlled access road for which the road authority is the coordinating road authority, and a reference to any amendment or revocation of such a declaration;

(b) a reference to any notice referred to in clause 5(1) of Schedule 2 to the Act in relation to a controlled access road for which the authority is the coordinating road authority.

Part 3—Road management plans

Division 1—Review of road management plans

8 Road authority must conduct review of road management plan

(1) For the purposes of section 54(5) of the Act, a road authority that has a road management plan must conduct a review of that plan at the intervals prescribed by this regulation.

Note

The making of a road management plan is voluntary and a road authority may therefore decide not to have a road management plan—see section 49 of the Act. However, a road authority that has made a road management plan must conduct a review of that plan in accordance with the regulations at the intervals prescribed by the regulations—see section 54(5) of the Act.

(2) A road authority other than a municipal council must—

(a) commence a review of its road management plan—

(i) where the plan has not previously been reviewed, not more than 4 years after the making of the plan; or

(ii) where the plan has previously been reviewed, not more than 4 years after the completion of the last review; or

(iii) where the relevant Minister has fixed a later date, on or before that date; and

(b) complete that review—

(i) where the plan has not previously been reviewed, not more than 5 years after the making of the plan; or

(ii) where the plan has previously been reviewed, not more than 5 years after the completion of the last review; or

(iii) where the relevant Minister has fixed a later date, on or before that date.

Note

Relevant Minister is defined in section 3(1) of the Act.

Reg. 8(3) amended by S.R. No. 61/2024 reg. 6(1).

(3) A municipal council must conduct and complete a review of its road management plan within the period referred to in section 90(3) of the Local Government Act 2020.

Note to reg. 8(3) substituted by S.R. No. 61/2024 reg. 6(2).

Note

Each incoming municipal council must review its road management plan during the same period as it is developing or reviewing its Council Plan under the Local Government Act 2020.

9 Conduct of review of road management plan

(1) In conducting a review of its road management plan, a road authority must ensure that the standards in relation to, and the priorities to be given to, the inspection, maintenance and repair of the roads and classes of road to which the plan applies are appropriate.

(2) After a road authority has completed a review of its road management plan, it must—

(a) produce a written report summarising the findings and conclusions of the review; and

(b) make the report available for copying or inspection—

(i) at the place where the road management plan may be inspected or obtained in accordance with section 55(1)(b) of the Act; or

(ii) on an Internet site maintained by the road authority.

(3) If a road authority has completed a review of its road management plan and decides that it will not amend its road management plan or that it will amend its road management plan in a manner that does not require notice to be given under regulation 10, the road authority must give notice stating—

(a) that the road authority has completed the review of its road management plan; and

(b) that the road authority has decided that it will not amend its road management plan or that it will amend its road management plan in a manner that does not require notice to be given under regulation 10 (as the case may be); and

(d) if the road authority decides that it will amend its road management plan in a manner that does not require notice to be given under regulation 10, that it is a requirement under regulation 13(3) that the road authority record on the plan—

(i) the substance of the amendment; and

(ii) the date of effect of the amendment.

(4) A notice under subregulation (3) must be published in the Government Gazette and in a newspaper generally circulating in the area in which the roads to which the road management plan applies are situated.

Division 2—Amendment of road management plans

10 Procedure for certain amendments to road management plans

(1) Subject to regulation 11, if a road authority proposes to amend a road management plan and the amendment relates to the determination of a standard of construction, inspection, maintenance or repair under section 41 of the Act, the road authority must give a notice—

(a) stating or describing the purpose and general purport of the proposed amendment; and

(b) stating or describing the roads, roadways, pathways, road infrastructure or road-related infrastructure or classes of roads, roadways, pathways, road infrastructure or road-related infrastructure affected by the proposed amendment; and

(d) stating where any relevant written report produced in accordance with regulation 9(2) may be inspected or obtained; and

(e) stating that any person who is aggrieved by the proposed amendment may make a submission on the proposed amendment to the road authority within the period specified in the notice, being not less than 28 days after the date on which the notice is published in the Government Gazette.

(2) A notice under this regulation—

(a) must be published in the Government Gazette and in a daily newspaper generally circulating in the area in which the roads, roadways, pathways, road infrastructure or road-related infrastructure or classes of road, roadway, pathway, road infrastructure or road-related infrastructure to which the road management plan applies are situated; and

(b) may be given by the road authority to any person who the road authority believes may be affected by the proposed amendment.

11 When notice of proposed amendment is not required

(1) A road authority is not required to give notice under regulation 10 if the Chief Executive Officer (however described) of the road authority certifies in writing that the proposed amendment to the road management plan results in the determination under section 41 of the Act of a standard that is higher than a relevant standard previously determined under section 41 of that Act.

Example

The Chief Executive Officer may give a certification if the proposed amendment to the road management plan results in the determination of a standard that—

• would provide for more frequent inspection or maintenance of a road; or

• would decrease the period of time within which defects are to be repaired.

(2) A road authority is not required to give notice under regulation 10 if the Chief Executive Officer (however described) of the road authority certifies in writing that the proposed amendment to the road management plan results in the determination under section 41 of the Act of a standard and the determination of the standard only relates to—

(i) a road or part of a road for which the road authority has become the coordinating road authority; or

(ii) a road or part of a road for which the road authority is the coordinating road authority that has become a public road—

since the relevant road management plan was made or since that plan was last reviewed in accordance with section 54(5) of the Act and these Regulations.

Example

The Chief Executive Officer of a coordinating road authority may give a certification if the proposed amendment to the road management plan results in a determination of a standard for—

• a road in a new subdivision that has been constructed since the authority's road management plan was made or last reviewed; or

• a road for which the road authority has become the coordinating road authority because of a reclassification of that road under section 14 of the Act that occurred since the authority's road management plan was made or last reviewed; or

• an existing road that has become a public road by registration under section 17(3) of the Act since the authority's road management plan was made or last reviewed.

(3) A road authority is not required to give notice under regulation 10 if the Chief Executive Officer (however described) of the road authority certifies in writing that the proposed amendment to the road management plan relates to the determination under section 41 of the Act of a standard and the proposed amendment only deals with changes to administrative procedures or responsibilities of a road authority or is of a fundamentally declaratory or machinery nature.

Example

The Chief Executive Officer may give a certification if the proposed amendment to the road management plan is required because of—

• the name of a road changing; or

• the road authority ceasing to be the coordinating road authority in respect of a road; or

• a road being discontinued; or

• a road ceasing to be a public road.

12 Date of effect of plan or amendment

If a road management plan or an amendment to a road management plan does not specify the date on which it is to take effect, it takes effect on the day after it is made.

13 Availability of amendments to road management plans

(1) If a notice of proposed amendment has been given under regulation 10(1) and the road authority amends its road management plan, the road authority must cause notice of the making of the amendment to be published in the Government Gazette and in a newspaper generally circulating in the area in which the roads to which the amended road management plan is to apply are situated.

(2) There must be included in a notice under subregulation (1), a statement that the amended road management plan, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected—

(a) at the office of the road authority specified in the notice; or

(b) on an Internet site maintained by the road authority (which may include links to other separately maintained Internet sites in the case of any incorporated document or any amendment to an incorporated document provided that access to those documents is free of charge).

(3) If a road authority amends a road management plan, the road authority must record on that plan—

(a) the substance of the amendment; and

(b) the date of effect of the amendment.

Part 4—Notices of incident and condition reports

14 Particulars of notice of an incident

For the purposes of section 115(3) of the Act, the prescribed particulars to be contained in a notice of incident are as follows—

(a) the name and address of the person who proposes to commence a proceeding in relation to an incident;

(b) the signature of the person referred to in paragraph (a) or the name and address of another person giving notice on that person's behalf;

(d) a description of the incident;

(e) the date of the incident and the time or approximate time of the incident;

(f) a description of the site of the incident and any relevant infrastructure that is sufficient to enable the responsible road authority to identify and inspect the site of the incident and any relevant infrastructure.

15 Contents of condition report

For the purposes of section 116(3)(e) of the Act, the prescribed matters to be contained in a condition report under section 116 are as follows—

(a) the name of the road authority that has prepared the report;

(b) a statement or description of the site, road or infrastructure to which the report relates;

(d) a statement, signed by a person authorised by the road authority for the purpose, certifying that the report is a condition report for the purposes of section 116 of the Act.

Note

These matters are in addition to the matters required by section 116(3) of the Act.

Part 5—Protection of roads and property

16 Interference with roads

(1) A person must not, without a written permit issued by the coordinating road authority or, if the relevant road is a commercial road, without a written permit issued by the relevant corporation—

(a) interfere with, damage or remove any road infrastructure in, on, under or over a road; or

Examples

Types of interference with or damage to road infrastructure that are prohibited include digging up, breaking, covering, obscuring, painting or otherwise defacing that infrastructure by any means.

(b) interfere with or damage any roadside or ancillary area; or

(d) place or leave anything in, on, under or over a road—

(i) that poses or may pose a risk to the safety of road users or the community; or

(ii) that adversely affects or may adversely affect the operation of the road; or

(iii) that encroaches on or obstructs the free use of the road; or

(iv) that reduces the breadth, or confines the limits, of the road; or

(e) place or leave refuse, rubbish or other materials on a road; or

Note to reg. 16(1)(e) amended by S.R. No. 61/2024 reg. 7.

Note

These requirements are in addition to rule 293 of the Road Safety Road Rules 2017 which applies to a driver (within the meaning of those Rules) and requires certain things that are dropped or left on a road to be removed or action to be taken to effect removal.

(f) remove, destroy or damage a plant growing in a road reserve.

10 penalty units.

(2) Subregulation (1) does not apply to—

(a) a person conducting works with the consent of the coordinating road authority or in the circumstances specified in section 63(2) of the Act; or

Notes

1 Works is defined in section 3(1) of the Act.

2 It is an offence under section 63 of the Act to conduct any works in, on, under or over a road without the written consent of the coordinating road authority to the conduct of the proposed works. Certain exemptions apply to that offence provision.

(b) a person engaged directly or indirectly by a responder agency to perform response activities with respect to an emergency who is acting in the course of that person's duties in circumstances where it is reasonable that this regulation should not apply; or

(d) a person undertaking an activity that constitutes a lawful and reasonable use of a road.

(3) A coordinating road authority or relevant corporation may issue a permit for the purposes of subregulation (1).

17 Interference with construction zones

Reg. 17(1) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 2(a)).

(1) A person must not, without a written permit issued by the Head, Transport for Victoria—

(a) damage or interfere with a construction zone, any works or undertaking conducted on that land or with any machinery, equipment or material stored, placed or used on that land; or

(b) place or leave anything in, on, under or over a construction zone that poses or may pose a risk to the safety of any person.

10 penalty units.

(2) Subregulation (1) does not apply to—

(a) a person conducting works with the consent of the coordinating road authority or in the circumstances specified in section 63(2) of the Act; or

Note

Works is defined in section 3(1) of the Act.

(b) a person undertaking an activity that is authorised or permitted by or under the Act or any other Act; or

Reg. 17(3) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 2(b)).

(3) The Head, Transport for Victoria may issue a permit for the purposes of subregulation (1).

18 Damage to roads

(1) A person must not without the written consent of the coordinating road authority or, if the relevant road is a commercial road, without the written consent of the relevant corporation—

(a) drive on a road a vehicle which is likely to cause damage to the road; or

(b) drag or push over the surface of a road, any object or implement which is likely to cause damage to the road.

10 penalty units.

Examples

Examples of vehicles that would be likely to cause damage to a road include heavy earth moving vehicles that move on caterpillar tracks.

Examples of damage include cracking constructed roadways and flattening landscaped roadside areas.

(2) Subregulation (1) does not apply to—

(a) a person using snow chains on the wheels of a vehicle where the chains are reasonably required because of snow or ice on the road surface; or

Reg. 18(2)(b) amended by S.R. No. 100/2025 reg. 5.

(b) a person who is engaged by or on behalf
of a road authority or Alpine Resorts Victoria to perform snow clearing using a vehicle or machinery; or

(c) a person breaching a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or

(d) a person breaching a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria); or

(e) a person who is engaged directly or indirectly by a responder agency to perform response activities with respect to an emergency and who is acting in the course of that person's duties in circumstances where it is reasonable that subregulation (1) should not apply; or

(f) a person undertaking an activity that is authorised or permitted by or under the Act or any other Act.

Note

Section 112 of the Act empowers road authorities to recover extraordinary expenses in repairing a road that has been damaged as a result of the passage of extraordinary traffic or excessive mass along the road.

Reg. 19 (Heading) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 3).

19 Entry to and conduct on Head, Transport for Victoria property

Reg. 19(1) substituted by S.R. No. 151/2019 reg. 4(Sch. 1 item 4).

(1) The Head, Transport for Victoria may place at or near the boundary of any Head, Transport for Victoria property a sign advising that entry to that property is prohibited without the written consent of the Head, Transport for Victoria.

Reg. 19(2) substituted by S.R. No. 151/2019 reg. 4(Sch. 1 item 4).

(2) If a sign has been placed in accordance with subregulation (1), a person must not enter or remain on Head, Transport for Victoria property without the written consent of the Head, Transport for Victoria.

Penalty: 10 penalty units.

Reg. 19(3) substituted by S.R. No. 151/2019 reg. 4(Sch. 1 item 4).

(3) Subregulation (2) does not apply to—

(a) a person authorised or permitted to enter or remain on Head, Transport for Victoria property by or under the Act or any other Act; or

(b) a works manager engaged or employed by the Head, Transport for Victoria; or

Note

Works manager is defined in section 3(1) of the Act.

(d) a Head, Transport for Victoria contractor; or

(e) an employee or agent of a public sector body within the meaning of the Public Administration Act 2004 who is acting in the course of that person's employment or authority.

Reg. 19(4) substituted by S.R. No. 151/2019 reg. 4(Sch. 1 item 4).

(4) If a sign has been placed in accordance with subregulation (1), a person who has consent for the purposes of this regulation, when entering or being on Head, Transport for Victoria property, on request, must produce—

(a) the consent to a police officer or a person authorised by the Head, Transport for Victoria; and

(b) evidence to verify that the person is the person named in the consent.

Penalty: 10 penalty units.

(5) A person who has been given consent for the purposes of this regulation must not give that written consent to another person knowing or believing that the other person is likely to exercise the privileges given by the consent.

10 penalty units.

Reg. 19(6) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 5).

(6) A person who is on Head, Transport for Victoria property must not, without the written consent of the Head, Transport for Victoria—

(a) damage or interfere with that land, any works or undertaking conducted on that land or with any machinery, equipment or material stored, placed or used on that land; or

(b) remove, destroy or damage a plant growing on that land; or

(c) erect or remove any notice or sign or fix any notice, bill or sign to a plant growing on or a structure on that land; or

(d) place or leave refuse, rubbish or other materials on that land.

10 penalty units.

20 Prohibited uses of bridges

Reg. 20(1) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 6).

(1) A person, other than a person authorised in writing by the Head, Transport for Victoria, must not climb, jump or rappel on, from or onto a bridge on or over—

(a) a freeway; or

(b) an arterial road; or

Reg. 20(1)(c) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 6).

10 penalty units.

Reg. 20(2) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 6).

(2) Before the Head, Transport for Victoria grants an authorisation under subregulation (1), it must consult with any other road authority or body exercising the functions and powers of a road authority that the Head, Transport for Victoria considers may be affected by the granting of the authorisation.

21 Camping

Reg. 21(1) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 7).

(1) A person, other than a person authorised in writing by the Head, Transport for Victoria, or in accordance with a sign erected by or on behalf of the Head, Transport for Victoria, must not camp on the road reserve or an ancillary area of—

(a) a freeway; or

(b) an arterial road; or

Reg. 21(1)(c) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 7).

5 penalty units.

(2) In this regulation—

camp means—

(a) to erect, occupy or use, for accommodation, a tent, tarpaulin or any similar form of accommodation, shelter or temporary structure; or

(b) to occupy or use a swag or sleeping bag; or

(c) to erect, occupy or use, for accommodation, a movable dwelling within the meaning of the Residential Tenancies Act 1997.

Examples

Examples of movable dwellings include caravans, camper trailers and mobile homes. An annexe attached to any of those dwellings is also a movable dwelling.

(3) This regulation does not prohibit a person from resting or sleeping in a parked vehicle or movable dwelling in order to manage or avoid driver fatigue.

(4) This regulation does not apply to persons conducting works with the consent of the coordinating road authority or in the circumstances specified in section 63(2) of the Act.

22 Removal of vehicles

(1) If a State road authority removes a vehicle in accordance with clause 4 or 5 of Schedule 4 to the Act, the State road authority must serve a notice by post on the registered operator (if any) or owner of the vehicle informing that person that the State road authority has removed the vehicle.

(2) Subregulation (1) does not apply if the vehicle does not display a number plate or other identification that would enable the identification of the vehicle's registered operator or owner.

(3) A notice under subregulation (1) may include—

(a) a notice for the purposes of clause 4(2) or 5(5) of Schedule 4 to the Act; and

(b) where notice is given to the registered operator, an instruction requiring the registered operator, where the registered operator of the motor vehicle is not the owner or sole owner of the motor vehicle, to take reasonable steps to serve a copy of the notice on any owner of the motor vehicle and to do so as soon as is reasonably practicable; and

Note

A fee may be charged for removing a vehicle in certain circumstances—see clauses 4 and 5 of Schedule 4 to the Act.

(4) In this regulation—

Reg. 22(4) def. of State road authority substituted by S.R. No. 100/2025 reg. 6(1).

State road authority includes—

(a) in respect of the Link Road—the Link corporation; and

(b) in respect of the Extension Road—the Extension corporation; and

(d) in respect of the Peninsula Link Freeway—the Peninsula Link Freeway Corporation; and

(e) in respect of the West Gate Tunnel tollway—the West Gate Tunnel Corporation.

Note to reg. 22(4) substituted by S.R. No. 100/2025 reg. 6(2).

Note

See sections 134(12) and (13), 134A(11), 134D(11) and 134F(11) of the Act.

23 Hoardings and advertisements

(1) Without limiting the matters that may be considered, in deciding whether to give consent for the purposes of section 66(1) of the Act, the coordinating road authority must consider whether the structure, device, hoarding, advertisement, sign or bill would, or would be likely to—

(a) obscure the field of view of a user of the road; or

(b) cause a hazard by distracting the attention of a user of the road; or

(d) wholly or partly obscure a road user's view of a traffic control device; or

(e) in any other way be detrimental to the safe or efficient use of the road.

(2) If the coordinating road authority refuses its consent under section 66(1) of the Act, the applicant may, within 28 days of being advised of the refusal, apply to the Tribunal for a review of the decision.

Note

Tribunal means the Victorian Civil and Administrative Tribunal—see section 3(1) of the Act.

(3) In reviewing a decision, the Tribunal may take submissions from any of the following—

(a) the applicant;

(b) the coordinating road authority;

Reg. 23(3)(c) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 8).

(d) any person that the Tribunal considers has a substantial interest in the application such that that person should make submissions to the Tribunal.

(4) A coordinating road authority may charge a person a fee for an application for consent under section 66(1) of the Act, not exceeding 17·93 fee units.

(5) An application for consent under section 66(1) of the Act must contain—

(a) the name, address and contact details of the applicant; and

(b) the name, address and contact details of the person or body who will have ongoing responsibility for the structure, device, hoarding, advertisement, sign or bill; and

(d) a description of the proposed structure, device, hoarding, advertisement, sign or bill; and

(e) the road name and location at which the structure, device, hoarding, advertisement, sign or bill would be displayed.

(6) If the coordinating road authority grants its written consent under section 66(1) of the Act, the consent must—

(a) state the name, address and contact details of the road authority; and

(b) state the date of issue of the consent; and

(d) state the name, address and contact details of the person or body who will have ongoing responsibility for the structure, device, hoarding, advertisement, sign or bill; and

(e) include a description of the structure, device, hoarding, advertisement, sign or bill; and

(f) state the road name and location at which the structure, device, hoarding, advertisement, sign or bill may be displayed; and

(g) state the date on which the consent expires (if any); and

(h) include any conditions that the consent is subject to.

24 Direction to remove objects, substances and materials from road

Reg. 24(1) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 9).

(1) An authorised officer of a road authority, or a person authorised by a road authority, that is the appropriate road authority for the purposes of regulation 25 may give a direction in writing to a responsible person, within the meaning of regulation 25, to remove any object, refuse, rubbish, substance or other materials deposited or left on a road or part of a road within a reasonable time specified in the direction and in accordance with any conditions specified in the direction.

Note

If the removal of the object, refuse, rubbish, substance or other materials deposited or left on a road constitute works, within the meaning of the Act, then the responsible person may be required to seek consent for those works under the Act prior to undertaking the necessary work.

(2) A person must comply with a direction issued under subregulation (1), including any conditions specified in the direction.

Penalty: 20 penalty units.

(3) It is a defence to a prosecution for an offence under this regulation if the person had a reasonable excuse for the failure to comply.

25 Removal of objects, substances and materials from road

(1) A road authority may remove any object, refuse, rubbish, substance or other materials deposited or left on a road or part of a road for which it is the appropriate road authority.

Examples

An appropriate road authority may remove from a road—

• litter; or

• mud or gravel tracked onto the road by vehicle tyres; or

• building materials such as bricks, plaster and timber; or

• debris, including debris from a motor vehicle collision; or

• a truck or trailer load spilled on a road; or

• lost or abandoned property.

(2) A road authority may sell or dispose of anything which the road authority has removed from a road under subregulation (1).

(3) Before exercising its powers under subregulation (2), except in relation to refuse or rubbish or other things that in the opinion of the road authority are of low value, the road authority must—

(a) if the owner of the object, substance or material is known to the road authority—send to the last known address of the owner, a notice stating that the object, substance or material will be disposed of or sold unless the owner pays the fee specified (if any) in the notice and then collects the object, substance or material within the period stated in the notice (being a period not less than 14 days); or

(b) if the owner of the object, substance or material is not known to the road authority—wait 14 days from the date that the object, substance or material was removed from the road.

(4) A fee specified in a notice under subregulation (3)(a) must not exceed an amount that reasonably represents the costs to a road authority in removing, keeping and releasing the object, substance or material, including any relevant overhead and other indirect costs.

(5) A road authority may recover in the Magistrates' Court, from a responsible person, costs incurred in removing any object, refuse, rubbish, substance or other materials deposited or left on a road other than in a receptacle or area provided for that purpose by the road authority, including any relevant overhead and other indirect costs.

(6) For the purposes of this regulation—

appropriate road authority, of a road, means—

(a) the responsible road authority for the road; and

Reg. 25(6)(b) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 10(a)).

(b) the Head, Transport for Victoria, if the Head, Transport for Victoria is the coordinating authority for the road;

Note to reg. 25(6)(b) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 10(b)).

Note

This means that the Head, Transport for Victoria may remove objects, substances and materials from any part of a road of which it is the coordinating road authority even if the Head, Transport for Victoria is not the responsible road authority in relation to that part of the road under section 37 of the Act. Therefore the Head, Transport for Victoria is entitled to remove objects from the roadside of an arterial road in an urban area even though the relevant municipal council is the responsible road authority in relation to that roadside.

low value means a value—

(a) less than $500; or

(b) $500 or more where the relevant road authority forms the opinion that the cost of removing and storing the object, substance or material would exceed the value of the object, substance or material;

Reg. 25(6) def. of responsible person amended by S.R. No. 61/2024 reg. 8.

responsible person means—

(a) the person who deposited or left, or caused to be deposited or left, the relevant objects, refuse, rubbish, substances or materials on a road; or

(b) an—

(i) owner or manager of a premises; or

(ii) a person supervising or managing work or other activities undertaken at a premises—

who was in a position to prevent the relevant objects, refuse, rubbish, substances or materials from being deposited or left on a road in the vicinity of the premises but who failed to take reasonable steps to prevent the relevant objects, refuse, rubbish, substances or materials from being deposited or left on a road.

Example

A road adjacent to a landscaping supplies business premises is covered with mud and gravel that has been tracked onto the road by the tyres of earth moving vehicles. This mud and gravel is posing a hazard to road users. The operator of the premises is in a position to take reasonable steps to prevent the depositing of the mud and gravel on the road by—

(a) managing the cleanliness of the earth moving vehicles entering and exiting the premises; and

(b) managing the state of driveways and other surfaces within the premises from which any mud or gravel may become affixed to the tyres of the earth moving vehicles.

Therefore, the operator of the landscaping supplies business premises is a responsible person for the purposes of this regulation.

Part 6—Road management infringement notices

26 Offences under the regulations for which a road management infringement notice may be issued

(1) The offences listed in column 2 of Schedule 1 are specified as road management infringements for the purposes of section 90(1) of the Act.

Notes

1 In section 3(1) of the Act, the definition of road management infringement includes offences against the regulations that are specified in the regulations to be road management infringements.

Note 2 to reg. 26(1) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 11).

2 Section 90(1) of the Act provides that a police officer or an authorised officer may serve a road management infringement notice in respect of an offence specified in the regulations.

(2) For the purposes of a road management infringement listed in column 2 of Schedule 1, the specified penalty is the penalty set out in column 3 of Schedule 1.

(3) A summary of an offence in column 1 of Schedule 1 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations.

Part 7—Fees and charges

Reg. 27 amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 12).

27 Fee for property enquiries

The fee of 1·27 fee units is to be charged by the Head, Transport for Victoria for the supply, on request, of—

Reg. 27(a) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 12).

(a) information as to whether the Head, Transport for Victoria has any approved proposals for works requiring the purchase or compulsory acquisition of land; or

Reg. 27(b) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 12).

(b) information as to whether the Head, Transport for Victoria has declared any road or part of a road as a controlled access road under section 42 of the Act; or

(d) information for the purposes of the preparation of a section 32 statement within the meaning of section 30(1) of the Sale of Land Act 1962.

Reg. 28 amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 13).

28 No charges for certain uses of road reserves

Unless operated in an ancillary area, a payment to the Head, Transport for Victoria is not required for a lease or licence to operate a roadside restaurant or similar facility on—

(a) a pathway on an arterial road; or

Reg. 28(b) amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 13).

(b) a pathway on a non-arterial State road for which the Head, Transport for Victoria is the coordinating road authority.

Example to reg. 28 amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 14).

Example

A fee may be payable to the Head, Transport for Victoria for a licence issued under the Act to operate a take-away food van in a rest stop on a freeway but no fee is payable to the Head, Transport for Victoria for a café placing tables on a footpath of an arterial road.

Note to reg. 28 amended by S.R. No. 61/2024 reg. 9.

Note

A municipal council may charge fees for use of footpaths under the Local Government Act 2020.

Sch. 1 amended by S.R. No. 151/2019 reg. 4(Sch. 1 item 15).

Schedule 1—Road management infringements

Regulation 26

	Column 1	Column 2	Column 3	Column 4
Item	Summary of Offence	Road Management Infringement	Specified Penalty	Code
1	Enter or remain on Head, Transport for Victoria property without consent	An offence under regulation 19(2)	2·5 penalty units	8389
2	Fail to produce written consent when entering or being on Head, Transport for Victoria property or fail to produce evidence of identity	An offence under regulation 19(4)	2·5 penalty units	8394
3	Damage or interfere with Head, Transport for Victoria property, including removing, destroying or damaging plants and erecting or removing signs or notices on that land	An offence under regulation 19(6)	2·5 penalty units	8390
4	Climb, jump or rappel on, from or onto a bridge on or over a freeway, arterial road or certain non-arterial State roads	An offence under regulation 20(1)	2 penalty units	8391
5	Unauthorised camping on a freeway, arterial road or certain non-arterial State roads	An offence under regulation 21(1)	1 penalty unit	8392

═══════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Road Management (General) Regulations 2016, S.R. No. 11/2016 were made on 15 March 2016 by the Governor in Council under section 132 of the Road Management Act 2004, No. 12/2004 and came into operation on 18 March 2016: regulation 3.

The Road Management (General) Regulations 2016 will sunset on 14 June 2026: see Subordinate Legislation (Road Management (General) Regulations 2016) Extension Regulations 2026, S.R. No. 15/2026.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Road Management (General) Regulations 2016 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Road Management (General) Amendment Regulations 2019, S.R. No. 151/2019

Date of Making:	17.12.19
Date of Commencement:	1.1.20: reg. 3

Road Management (General) and (Works and Infrastructure) Amendment Regulations 2024, S.R. No. 61/2024

Date of Making:	25.6.24
Date of Commencement:	Regs 4–9 on 1.7.24: reg. 3

Road Management (General) Amendment Regulations 2025, S.R. No. 100/2025

Date of Making:	30.9.25
Date of Commencement:	30.9.25

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Reg. 4: S.R. No. 63/2005 as amended by S.R. No. 127/2009 and extended in operation by S.R. No. 50/2015. ↑
Reg. 5(1) def. of traffic control device: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019, 153/2019, 121/2020, 35/2021, 111/2021, 135/2021, 30/2022, 38/2022, 7/2023 and 22/2023.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Road Management (General) Regulations 2016

Version No. 005

Road Management (General) Regulations 2016

S.R. No. 11/2016

Version incorporating amendments as at
11 March 2026

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Revocation 2

5 Definitions 2

Part 2—Management of roads 7

6 Exemption from consultation requirement for discontinuance of certain roads 7

7 Matters that must be included in a register of public roads 11

Part 3—Road management plans 12

Division 1—Review of road management plans 12

8 Road authority must conduct review of road management plan 12

9 Conduct of review of road management plan 13

Division 2—Amendment of road management plans 15

10 Procedure for certain amendments to road management plans 15

11 When notice of proposed amendment is not required 16

12 Date of effect of plan or amendment 18

13 Availability of amendments to road management plans 18

Part 4—Notices of incident and condition reports 20

14 Particulars of notice of an incident 20

15 Contents of condition report 20

Part 5—Protection of roads and property 22

16 Interference with roads 22

17 Interference with construction zones 24

18 Damage to roads 25

19 Entry to and conduct on Head, Transport for Victoria property 26

20 Prohibited uses of bridges 28

21 Camping 29

22 Removal of vehicles 30

23 Hoardings and advertisements 31

24 Direction to remove objects, substances and materials from road 34

25 Removal of objects, substances and materials from road 35

Part 6—Road management infringement notices 39

26 Offences under the regulations for which a road management infringement notice may be issued 39

Part 7—Fees and charges 40

27 Fee for property enquiries 40

28 No charges for certain uses of road reserves 40

The Regulations rely on and amplify several core concepts. Below are the central legal and operational concepts the text uses, with the source references that define or implement them.

Road, coordinating road authority, responsible road authority, discontinuing body, and road management plan: those core terms are defined or used in the Act; the Regulations reference them repeatedly and operate as subordinate detail to the Act (see reg 5 notes and multiple cross-references, reg 7, regs 8-13). For practical purposes the Regulations assume the statutory roles created by the Act and do not redefine them.
Head, Transport for Victoria and Head, Transport for Victoria contractor: the Regulations add and use these concepts (inserted and amended across S.R. No. 151/2019 and later), defining a contractor as a person engaged directly or indirectly by the Head, Transport for Victoria to carry out work and defining Head Transport for Victoria property as property owned or occupied by the Head, Transport for Victoria as a road authority (reg 5). These entries allocate permitting and exclusion powers to a central State authority for certain classes of land (regs 17-21).
Commercial road and relevant corporation for project roads: the Regulations treat certain major toll or project roads as “commercial roads” and list the relevant corporations (Link, Extension, EastLink, Peninsula Link Freeway, West Gate Tunnel) as “relevant corporations” so that the permit, consent and State-road powers can be exercised by those corporations where the road is a commercial road (reg 5, multiple amending entries). This embeds project-specific governance into the general regulatory scheme (reg 5(1) definitions and notes).
Construction zone: defined as any place or area where the Head, Transport for Victoria or its contractors are conducting road construction or maintenance works, whether or not on a road (reg 5, amended 2019). This yields a specific prohibition and permit regime for those places, distinct from general road areas (reg 17).
Permit and consent regimes: the Regulations create recurring authorisation prerequisites. Interference with road infrastructure, excavations, deposits, and acts likely to damage roads require written permits from the coordinating road authority or the relevant corporation on commercial roads (reg 16). For construction zones specifically, the Head, Transport for Victoria issues permits (reg 17). Regulation 18 requires written consent to drive vehicles likely to damage roads, with enumerated exceptions (reg 18(1)-(2)).
CEO certification: an administrative shortcut in relation to certain plan amendments. The CEO (however described) of a road authority can certify in writing that a proposed amendment raises standards, relates only to roads newly acquired, or is administrative/machinery in nature, thereby removing the requirement for the formal notice process in reg 10 (reg 11). That shifts discretion internally and reduces external notice in specific scenarios.
Notices, reports and publication duties: road authorities must publish and make available review reports and amendments in specified ways: reports summarising review findings must be produced and made available for inspection or by internet (reg 9(2)); notice of completion and of non-amendment or non-notifiable amendment must be published in the Government Gazette and a local newspaper (reg 9(3)-(4)); amendments that followed the notice procedure must also be Gazetted and published locally and available online (reg 13(1)-(2)). Discontinuance notices required under the exemptions are to be given in writing to municipal councils, utilities and providers with a minimum 28-day submission period (reg 6(2), (5)-(6)).
Removal and disposal rules: the Regulations empower authorities to remove deposited objects and to sell or dispose of removed material after notice periods, with an express low-value threshold and an obligation to give notice to owners if known (reg 25(1)-(4)). Authorities may also recover costs in the Magistrates’ Court from a “responsible person” (reg 25(5)-(6)).
Incident and condition report content: the Regulations specify prescribed particulars for notices of incident (name/address of person proposing to commence proceedings, signature, date, description and timing, site description) and for condition reports (name of authority, description of site, inspection date/time and a signed certificate) under the Act’s sections on notice of claim and condition reports (regs 14-15).
Infringement notice framework and specified penalties: a small schedule lists five infringements (relating to entry to Head, Transport for Victoria property, failure to produce consent/ID, damage/interference, bridge misuse, and unauthorised camping) with specified penalty units and infringement codes (reg 26 and Schedule 1). The Regulations rely on the Act’s definition of road management infringement and the Act’s authorisation for infringement notices (reg 26 and notes).
Fees and fee units: fees are expressed in fee units and penalties in penalty units; the Regulations expressly refer to the Monetary Units Act 2004 and Sentencing Act 1991 for calculation and publication of fee/penalty unit values and state the fee-unit value for the 2025-26 year in the Endnotes (Endnotes; regs 27-28). Specific fee items include a fee for some Head, Transport for Victoria property enquiries (reg 27) and a capped fee for hoarding/advertisement consent applications (reg 23(4)).

These concepts constitute the operational vocabulary used throughout the instrument. They allocate who may make decisions (coordinating road authorities, Head, Transport for Victoria, relevant corporations, CEOs), who must be notified or consulted (municipal councils, utilities, providers, owners of abutting land, Secretary to DEECA in prescribed Crown-land cases), what procedural steps apply (notice periods, publication, imaging of amendments), and what enforcement and cost-recovery powers are available (infringement notices, criminal penalties, sale/disposal and court-ordered cost recovery).

The Regulations distribute obligations, rights and administrative burdens across a set of identified groups. The statute text shows who pays, who decides and who must act.

Road authorities and coordinating road authorities (municipal councils, the Head, Transport for Victoria, and other road authorities): they must conduct reviews of road management plans at prescribed intervals (reg 8), ensure standards are appropriate (reg 9(1)), produce and publish review reports (reg 9(2)-(4)), follow amendment procedures (regs 10-13), issue permits and directions (regs 16-19, 24), remove objects and recover or seek sale/disposal (reg 25), and consider hoarding/advertisement applications and charge fees (reg 23). Municipal councils have a special review timing obligation tied to section 90(3) of the Local Government Act 2020 (reg 8(3)).
Head, Transport for Victoria and related contractors: the Head may issue permits for construction zones, place prohibitory signs on Head property and enforce entry restrictions (reg 17, reg 19). Head, Transport for Victoria contractors are defined and the construction-zone definition explicitly covers work by the Head or its contractors (reg 5, reg 17). The Head also has a role as an “appropriate road authority” and can remove objects even where it is not the responsible authority for adjacent roadside (reg 25(6) and note).
Relevant corporations managing major toll/project roads: the Regulations treat commercial roads and project corporations (Link, Extension, EastLink, Peninsula Link Freeway, West Gate Tunnel) as able to exercise permit and consent powers on those roads (reg 5 definitions; regs 16, 18). The Regulations also state they do not change rights under project Acts and agreements (reg 5(3)).
Discontinuing bodies and developers: bodies proposing road discontinuances are affected by the exemptions and must meet notice requirements to avoid the more onerous statutory consultation in section 12(4)-(10) of the Act; they must give written notice to municipal councils, utilities and providers and consider submissions within a not-less-than-28-day period (reg 6(1)-(6)). Where discontinuance involves Crown lands, additional notification is required to the Secretary to the Department of Energy, Environment and Climate Action (reg 6(5)(a)(iii)).
Utilities, providers of public transport and infrastructure managers: these entities must be given written notice of proposed discontinuances where the discontinuing body is aware of infrastructure installed on/under/over the affected road and have the right to make written submissions within 28 days (reg 6(2), (5)).
Owners and occupiers of land abutting roads: they are recipients of required notices in discontinuance scenarios and condition-report/incident-notice regimes (reg 6(6), reg 14, reg 15). They may face restrictions on access, loss of road reserve land via discontinuance, and obligations if they are the “responsible person” whose activities or management allowed materials to be deposited (reg 25(3)-(6)).
Private individuals and road users: the Regulations create several direct prohibitions and penalties that affect general road users and members of the public: interference with roads (reg 16), entry to Head property without consent (reg 19), prohibited uses of bridges (reg 20), camping bans on identified road reserves (reg 21), and offences listed in Schedule 1 that are subject to infringement notices (reg 26 and Schedule 1).
Businesses operating roadside services: the Regulations expressly address roadside restaurants and similar facilities on pathways, stating no payment to the Head is required to operate such facilities on specified pathways unless operated in an ancillary area (reg 28). However, municipal councils may still impose fees under the Local Government Act 2020 (reg 28 note).
Owners or registered operators of removed vehicles: when a State road authority removes a vehicle under Schedule 4 to the Act, the authority must serve a notice by post on the registered operator or owner unless the vehicle lacks identifying plates; the notice may include instructions for registered operators to inform owners and other material deemed appropriate (reg 22(1)-(3)). “State road authority” is expanded to include project corporations for specified roads (reg 22(4)).
Applicants for hoarding and advertisement consents: applicants must supply specified information (applicant contact, ongoing responsible party, description, road name and location) and may be charged a fee not exceeding 17.93 fee units; if refused they have 28 days to apply to VCAT for review (reg 23(4)-(6), (2)).
Courts and tribunals: Magistrates' Court is identified as the forum in which a road authority may recover removal costs (reg 25(5)); the Victorian Civil and Administrative Tribunal (Tribunal) is the review body for hoarding/advertisement refusals (reg 23(2)).

The Regulations thus affect the State and local government entities that make decisions and bear administrative costs, private parties who must obtain permits or face fines, utilities and infrastructure managers who must be notified of discontinuances, and businesses and members of the public who operate in or near road reserves. The instrument increases administrative duties for authorities (reviews, notices, permit issuance, enforcement) and creates discrete compliance requirements and potential fines for private actors.

This section lists principal duties imposed and key rights conferred by the Regulations, citing the specific provisions.

Duties of road authorities and the Head, Transport for Victoria

Conduct road management plan reviews at prescribed intervals: non-municipal road authorities must commence and complete reviews within the four- and five-year windows set out in reg 8(2). Municipal councils must adhere to the Local Government Act 2020 timeline (reg 8(3)). Duty to ensure standards and priorities for inspection, maintenance and repair are “appropriate” during the review process (reg 9(1)).
Produce and publish a written report summarising the review findings and make it available at the inspection office or online (reg 9(2)) and publish a notice in the Government Gazette and in a local newspaper if the review is completed and no amendment (or a non-notifiable amendment) will be made, with particulars about where the report may be inspected (reg 9(3)-(4)).
Follow the amendment procedure when altering standards determined under section 41 of the Act: give a notice that states purpose, affected roads, where the proposed amendment may be inspected, where relevant review reports may be found, and that aggrieved persons may submit within not less than 28 days, and publish the notice in the Gazette and a daily newspaper (reg 10(1)-(2), reg 13(1)-(2)). If the plan is amended after notice, authorities must record the substance and date of effect on the plan (reg 13(3)).
Issue permits for interference with roads and, where relevant, delegate this permit power to relevant corporations for commercial roads (reg 16(1)-(3)). The Head, Transport for Victoria may issue permits for construction zones specifically (reg 17(3)). The CEO of a road authority may certify in writing to avoid the notice requirement for certain amendments (reg 11).
Consider specified safety and operational matters when deciding whether to consent to hoardings, advertisements and signs (reg 23(1)) and, if consent is granted, include contact details, expiry, description, conditions and other prescribed content in the written consent (reg 23(6)).

Duties toward affected third parties and to maintain records

Give written notice and a not-less-than-28-day period for submissions in the discontinuance exemption categories: to municipal councils, each utility/provider/infrastructure manager responsible for infrastructure on/under/over the relevant part of the road, and in some cases to the Secretary to the Department of Energy, Environment and Climate Action (reg 6(2), (5)). Reasonable steps must be taken to give written notice to owners of abutting properties for full-width discontinuance exemptions (reg 6(6)).
For removal and disposal of objects, materials or vehicles removed from roads, authorities must send notice to the last-known owner and wait minimum periods before disposal (reg 25(3)-(4)); recover costs in the Magistrates’ Court from a responsible person (reg 25(5)).
When State road authorities remove vehicles under the Act, they must post notice to the registered operator or owner unless the vehicle lacks identification (reg 22(1)-(2)).

Rights and entitlements for private actors and applicants

Right to make submissions: persons aggrieved by proposed amendments to a road management plan are entitled to make submissions within the not-less-than-28-day period stated in the notice (reg 10(1)(e)). Similarly, recipients of discontinuance notices may make written submissions within a specified not-less-than-28-day period (reg 6(2)(b), (5)(b), (6)).
Right to review: an applicant who is refused consent for hoardings/advertisements may apply to the Tribunal within 28 days of being advised of the refusal (reg 23(2)). The Tribunal may take submissions from applicant, coordinating authority, Head, Transport for Victoria and any person with a substantial interest (reg 23(3)).
Procedural protections for owners of removed items: prior to sale or disposal, unless the items are low value, authorities must notify known owners and provide at least a 14-day period to pay any fee and collect the item, or if the owner is unknown, wait 14 days after removal (reg 25(3)).
Exceptions and defences: multiple exceptions apply. For example, the prohibitions on interference do not apply to persons conducting works with the coordinating authority’s consent or in specified circumstances in s 63(2) of the Act, responder agencies acting in the course of response activities during emergencies, lawful use of the road, or activities authorised under other Acts (reg 16(2)). For removal directions under reg 24, it is a defence to show a reasonable excuse for failure to comply (reg 24(3)). Regulation 18(2) lists exceptions to the offence for driving vehicles likely to damage roads, such as snow-clearing operations or mass/dimension exceptions under the Road Safety Act 1986 or Heavy Vehicle National Law (reg 18(2)(a), (b), (c), (d)).
Fee limitations and publication obligations: the coordinating authority may charge a fee for hoarding applications but not exceeding 17.93 fee units (reg 23(4)). The Head, Transport for Victoria may charge a fee of 1.27 fee units for certain property enquiries and must follow the Monetary Units Act 2004 process for fee calculation (reg 27; Endnotes).

Enforcement duties

Issue and serve infringement notices for specified offences listed in Schedule 1; the specified penalty for each infringement is set out in Schedule 1 and applies where a police officer or authorised officer serves a road management infringement notice (reg 26 and Schedule 1; reg 26 notes).
Enforce penalties under the Act and these Regulations; many offences carry statutory penalty units specified in the body of the regulation (for example, reg 16(1) offences attract 10 penalty units; reg 24(2) direction failures attract 20 penalty units). The Sentencing Act process and penalty-unit calculations apply (Endnotes).

Collectively, the duties and rights create administrative obligations for authorities to publish, notify and consider submissions; operational duties to manage road infrastructure through permits and removal powers; and individual rights to make submissions, challenge certain refusals at VCAT and to be notified before disposal of property.

The Regulations provide a mixed enforcement architecture of criminal penalties, infringement notices and civil cost recovery. The instrument ties specific offences to penalty units, designates a short list of infringements suitable for infringement notices, and prescribes procedural powers for removal and cost recovery.

Monetary framework and unitisation

Penalties and fees are expressed in penalty units and fee units. The endnotes specify that penalty and fee amounts are to be calculated under the Monetary Units Act 2004 and Sentencing Act 1991 with the value of a fee unit for 2025-26 given as $16.81 and a penalty unit for 2025-26 as $203.51 (Endnotes). The concrete dollar amount of a given number of units therefore varies year to year.

Criminal penalties in the Regulations

Several offences in the body of the Regulations carry standalone penalty-unit sanctions. Examples include:
- Interference with roads and related conduct without a written permit: penalty 10 penalty units (reg 16(1) and the following example and legislative item note).
- Interference with construction zones or materials without a permit: penalty 10 penalty units (reg 17(1)).
- Driving or dragging objects likely to damage a road without consent: penalty 10 penalty units (reg 18(1)).
- Entry to Head, Transport for Victoria property without consent: penalty 10 penalty units (reg 19(2)).
- Failure to produce consent or identity upon request while on Head property attracts a penalty of 10 penalty units (reg 19(4)).
- Damage or interference with Head property has a 10 penalty-unit penalty (reg 19(6)).
- Climbing/jumping/rappelling on bridges over specific roads carries 10 penalty units (reg 20(1)).
- Camping on certain road reserves carries 5 penalty units (reg 21(1)).
- A written direction to remove objects under reg 24 must be complied with; failure to comply is an offence with a penalty of 20 penalty units (reg 24(2)).

These penalty amounts operate in addition to the infringement regime for a subset of offences.

Road management infringement notices and specified infringements

Regulation 26(1) specifies that the offences listed in column 2 of Schedule 1 are road management infringements for the purpose of section 90(1) of the Act. Section 90(1) (as noted in the regulation) authorises police officers and authorised officers to serve road management infringement notices for offences so specified.
Schedule 1 lists five summary offences as infringements with specified penalty units and infringement codes. The Schedule sets lower infringement penalties than the maximum penalty units that appear in the substantive provisions: for example, an offence under reg 19(2) (entering Head property without consent) has the substantive penalty of 10 penalty units but the Schedule sets the specified infringement penalty at 2.5 penalty units (Schedule 1, item 1). Similar reductions appear in items 2-5 of Schedule 1. Regulation 26(2) makes clear the specified penalty for an infringement is the penalty in column 3 of Schedule 1.

Enforcement actions and cost recovery

Road authorities may remove objects, substances and materials from roads and then sell or dispose of them after prescribed notice and waiting periods (reg 25(1)-(4)). If the owner is known, the authority must send notice to the last known address, specifying a fee (not exceeding reasonable costs representing removal, storage and release) and provide at least 14 days to collect (reg 25(3)-(4)). If the owner is unknown, authorities must wait 14 days after removal before disposal (reg 25(3)(b)).
Road authorities may recover in the Magistrates’ Court from a “responsible person” the costs incurred in removing items deposited on the road (reg 25(5)). The definition of responsible person in reg 25(6) targets the person who deposited the material or an owner/manager of premises/supervisor who could reasonably have prevented the deposit (reg 25(6) def. and example).
State road authorities have specific vehicle-removal obligations under reg 22: where they remove a vehicle under Schedule 4 to the Act they must serve a notice by post on the registered operator or owner (if identifiable), and the notice can include statutory notices required by Schedule 4 to the Act (reg 22(1)-(3)). “State road authority” is extended to project corporations for specified roads (reg 22(4)).

Delegations, authorised officers and tribunals

The Act provides that a police officer or an authorised officer may serve a road management infringement notice for an offence specified in the Regulations (reg 26 note 2). The Regulations do not themselves define the authorisation regime for officers; that remains the Act’s domain.
For refusals of hoardings/advertisements consents, applicants may seek review at the Victorian Civil and Administrative Tribunal within 28 days of being advised of refusal (reg 23(2)). The Tribunal is empowered to take submissions from the applicant, coordinating road authority, Head, Transport for Victoria and any person with a substantial interest (reg 23(3)).

Practical enforcement tensions

There are several places where the substantive penalty in the body of the regulation is larger than the infringement penalty in the Schedule, indicating the legislature’s preference for offering lower, on-the-spot fines while retaining higher maximum penalties if prosecuted (compare reg 19(2) penalty 10 penalty units and Schedule 1 item 1 specified penalty 2.5 units). This structure provides authorities with a graded enforcement toolkit.
The Regulations permit recovery through civil court processes (Magistrates’ Court) for removal costs, rather than only relying on criminal penalties; that creates a route for cost-recovery separate from penal enforcement (reg 25(5)).
The dollar value of all financial sanctions and fees is variable year-to-year because they are expressed in fee and penalty units and concretely converted under the Monetary Units Act and Sentencing Act procedures (Endnotes). Entities subject to enforcement therefore face volatility in the real-dollar cost of breaches.

The Regulations therefore combine criminal sanctions, infringement notices for selected lower-level offences, administrative removal and disposal regimes with recovery mechanics, and tribunal review rights for specific administrative refusals.

The Regulations operate as subordinate instruments under the Road Management Act 2004 (reg 2) and explicitly cross-reference and coexist with a series of other statutes and project-specific instruments. The text contains multiple limiting clauses, cross-references and notes that show where the Regulations are supplementary rather than displacing other legal regimes.

Primary enabling and embedded cross-references

Road Management Act 2004: these Regulations are made under s 132 of the Act (reg 2). Many duties, offences and procedural hooks in the Regulations implement or specify matters under the Act (for example, discontinuance notice and consultation requirements under s 12 of the Act are the subject of reg 6; road management plan reviews implement s 54(5) of the Act through regs 8-9; amendment procedures relate to s 41 and s 54 , regs 10-13; notice of incident and condition report requirements implement s 115-116 of the Act through regs 14-15).

Interplay with project-specific Acts and agreements

The Regulations expressly state they do not alter or vary rights, privileges, obligations or liabilities of the Link corporation, Extension corporation, EastLink Corporation, Peninsula Link Freeway Corporation, West Gate Tunnel Corporation or related operators under their enabling Acts and agreements: Melbourne City Link Act 1995, EastLink Project Act 2004, Peninsula Link Project Deed, West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, West Gate Tunnel Agreement, and the various agreements referenced (reg 5(3)). That preserves contractual and statutory arrangements that govern toll or project roads.

Relationship with Local Government Act 2020

A municipal council’s road management plan review timing is linked to section 90(3) of the Local Government Act 2020: reg 8(3) requires municipal councils to conduct and complete a review within the period referred to in section 90(3) of that Act. The Regulations also note that each incoming municipal council must review its road management plan during the same period in which it is developing or reviewing its Council Plan under the Local Government Act 2020 (reg 8 note; reg 8(3) substituted by S.R. No. 61/2024).

Interaction with road-safety and heavy-vehicle laws

The Regulations adopt statutory meanings from the Road Safety Act 1986 for terms such as “registered operator” and “vehicle” (reg 5) and expressly allow exceptions under reg 18(2)(c)-(d) where mass, dimension or load restraint limits under the Road Safety Act 1986 or Heavy Vehicle National Law (Victoria) apply. That ensures the road-damage offence does not conflict with the heavy-vehicle and load regulation framework.

Emergency Management Act 2013

The Regulations take definitions from the Emergency Management Act 2013 for “emergency”, “responder agency” and “response” (reg 5) and provide exceptions to certain prohibitions where responder agencies are acting in the course of response activities and it is reasonable for the regulation not to apply (regs 16(2)(b), 18(2)(e)). This aligns the road protection regime with emergency response needs.

Crown land and environmental statutes

For discontinuances that provide access to Crown-managed or protected lands, reg 6(5)(a)(iii) requires notice to the Secretary to the Department of Energy, Environment and Climate Action where the road provides access to land administered under Crown-land and conservation statutes (Crown Land (Reserves) Act 1978; Forests Act 1958; Land Act 1958; National Parks Act 1975; Wildlife Act 1975; Alpine Resorts (Management) Act 1997). That ensures discontinuance decisions consider Crown-land management frameworks.

Sale of Land Act and section 32 statements

Reg 27(c)-(d) permits the Head, Transport for Victoria to charge for information relevant to section 32 statements under the Sale of Land Act 1962, tying property-enquiry fees to conveyancing disclosure regimes (reg 27).

Monetary Units Act 2004 and Sentencing Act 1991

Fee and penalty quantum calculations are expressly dependent on the Monetary Units Act 2004 and section 110 of the Sentencing Act 1991. The Endnotes describe how fee-unit and penalty-unit values are set annually and published (Endnotes).

Tribunal and court jurisdiction

The Regulations designate specific dispute-resolution channels that interact with other statutory jurisdictions. For hoarding/advertisement refusals, applicants may apply to the Victorian Civil and Administrative Tribunal for review within 28 days (reg 23(2)). For cost recovery, the Magistrates’ Court is the forum for road-authority recovery actions under reg 25(5).

Non-displacement clauses and hierarchical preservation

The Regulations contain explicit non-displacement clauses and notes: reg 5(3) states that nothing in these Regulations alters rights or obligations under specified project Acts and agreements. Multiple notes reference that definitions such as “road” remain those in the Act and that the Regulations add detail without altering substantive rights under the cited Acts. This preserves existing governance architectures for project roads and sectoral regimes.

Practical interaction points and potential friction

The Head, Transport for Victoria has powers and duties that can overlap with municipal responsibilities: reg 25(6) and its note explain that where the Head is the coordinating road authority it may remove objects from any part of a road of which it is the coordinating authority even if it is not the responsible authority for that part of the roadside. That creates an operational overlap between municipal councils (responsible authority in urban roadside) and the Head (coordinating authority for arterial roads), with potential for duplicate action or cost allocation disputes.
The CEO certification mechanism (reg 11) internalises notice for certain amendments, reducing external consultation and potentially raising questions about procedural fairness and transparency where standards change without published notice. The Regulations attempt to bound the certification categories, but the mechanism is a discretionary administrative shortcut.

Overall, the Regulations function as an implementing layer beneath the Road Management Act 2004 and operate in a web of statutory relationships with local government law, road safety and heavy-vehicle law, Crown-land and environmental frameworks, project-specific legislation and court and tribunal jurisdictions.

The Regulations have been amended several times since their initial making in 2016. The consolidated text carries amendments up to the date shown on the title page (11 March 2026). The Endnotes and the Table of Amendments in the published instrument provide the authoritative list of statutory rules that amended the instrument. The principal amending instruments recorded in the text are:

Road Management (General) Amendment Regulations 2019, S.R. No. 151/2019: made 17 December 2019 and commenced 1 January 2020 (Table of Amendments). This amending instrument effected multiple substantive updates including insertion of Head, Transport for Victoria definitions and changes to construction-zone and Head property provisions (see reg 5 entries and the amendments noted in regs 17-21 and related footnotes indicating S.R. No. 151/2019).
Road Management (General) and (Works and Infrastructure) Amendment Regulations 2024, S.R. No. 61/2024: made 25 June 2024 and commenced (Regulations 4-9) on 1 July 2024 (Table of Amendments). The 2024 amending instrument revised municipal-council definitions and some procedural rules (see reg 5 substitution of municipal council definition and reg 8(3) substitution noted as by S.R. No. 61/2024 reg 6(1)-(2); reg 5 amendments to traffic control device definition by S.R. No. 61/2024 reg 4(b), and other indicated changes such as the note amending reg 16(1)(e)).
Road Management (General) Amendment Regulations 2025, S.R. No. 100/2025: made 30 September 2025 and commenced 30 September 2025 (Table of Amendments). The 2025 amendments updated several definitions (for example, inserting Alpine Resorts Victoria, changing the commercial road definition, and modifying relevant-corporation entries) and adjusted reg 5(2) to include named tollways within the scope of “road” references for these Regulations. The amendment entries are visible inline in reg 5 with the note “inserted/amended by S.R. No. 100/2025”.
Subordinate Legislation (Road Management (General) Regulations 2016) Extension Regulations 2026, S.R. No. 15/2026: the Endnotes state the Road Management (General) Regulations 2016 will sunset on 14 June 2026 and that an extension instrument was made (Endnotes). The Endnotes section shows the Regulations were originally made 15 March 2016 and commenced 18 March 2016, and describes sunset arrangements.

Amendment mechanics visible in the text

Many of the amendments change definitional entries in reg 5 (for example, adding Head, Transport for Victoria property and contractor; redefining municipal council to align with the Local Government Act 2020; inserting Alpine Resorts Victoria; and changing the list and scope of “commercial road” and “relevant corporation”) and mark revocations of earlier VicRoads terminology (reg 5 entries and amendment notes).
The 2019 amendments appear to be substantial in operational terms, particularly centralising certain powers with the Head, Transport for Victoria (reg 17-21 substitutions and insertions carry S.R. No. 151/2019 cross-references).
The 2024 amendments align municipal council review timing with the Local Government Act 2020 and adjust several regulatory cross-references and definitions to conform with the 2020 local government reforms (see reg 8(3) substitution).

Annotation and explanatory details

The Endnotes include an explanatory details section that records the effect of specific amending instruments (Endnotes, section 2 Table of Amendments and section 3 Explanatory details). The explanatory details identify the date of making and commencement for each amending instrument listed and provide certain notes on style. The instrument also contains “Note” entries adjacent to amended provisions identifying which S.R. made the change.
The Schedule and the body of the Regulations include amendment markers such as “amended by S.R. No. …” adjacent to specific paragraphs (for example, in the Schedule and reg 5), which document the incremental changes.

Practical effect of amendments

The amendments progressively reallocated some powers and inserted State-level controls (Head, Transport for Victoria) and project-specific governance (relevant corporations). They also updated municipal council linkages to reflect the Local Government Act 2020.
The presence of sunset and extension instruments (Endnotes) means the Regulations are subject to periodic legislative review control mechanisms; the text notes a sunset date of 14 June 2026 as per the extension regulations recorded in the Endnotes, indicating that the instrument’s life or shape may be subject to further Parliamentary reconsideration.

For any use of the Regulations, practitioners should consult the consolidated instrument and the Table of Amendments in the published version for the precise history and ensuring the correct version in force for the relevant dates. The instrument’s Endnotes provide the authoritative sequencing and the amending S.R. numbers to permit targeted retrieval of each amending instrument.

The Regulations themselves do not record any case law. The text contains no citations to judicial decisions and the Endnotes do not list any litigation. Where dispute-resolution pathways are provided in the Regulations they specify adjudicative forums rather than reporting precedential outcomes.

Two statutory review or enforcement channels are, however, built into the instrument and will be the likely venues for challenge or interpretation:

Victorian Civil and Administrative Tribunal (VCAT): applicants refused consent for hoardings or advertisements may apply to VCAT within 28 days of being advised of the refusal (reg 23(2)). The Tribunal is empowered to accept submissions from the applicant, the coordinating road authority, the Head, Transport for Victoria and any person with a substantial interest (reg 23(3)). VCAT proceedings will be the likely practical vehicle for challenging consent refusals, and future case law interpreting reg 23(1)’s safety-and-visibility considerations and the nature of the coordinating authority’s decision-making might emerge through VCAT (reg 23).
Magistrates’ Court for cost recovery actions: where a road authority seeks recovery in the Magistrates’ Court for costs incurred in removing materials from a road, disputes about the extent of recoverable costs, the identification of the “responsible person” (reg 25(6)) and the reasonableness of overhead and indirect costs may be litigated in that jurisdiction (reg 25(5)-(6)). Those cases would generate interpretive points about notice sufficiency, the statutory cap on fees that “reasonably represent” costs (reg 25(4)), and the boundary between low-value disposals and higher-value property.

No reported decisions are cited in the instrument, and there is no litigation history textually recorded. Users of the Regulations should therefore expect that legal interpretation and precedent will be developed through enforcement actions, VCAT reviews and Magistrates’ Court cost-recovery proceedings rather than being captured in the Regulations themselves.

Practitioners seeking to predict legal outcomes will need to monitor Tribunal and court dockets for decisions relating to:

The scope and application of CEO certifications under reg 11 (when a road authority may avoid public notice for plan amendments);
The definition and application of “responsible person” for cost recovery under reg 25(6);
The Tribunal’s approach to the balancing of safety, distraction and commercial speech interests in hoarding and advertisement consents under reg 23(1);
The interplay between the Head’s powers and municipal responsibilities where both may act under overlapping authority (reg 25(6) note).

Because the instrument creates administrative choices and discretionary certification/consent regimes, litigation (or at least Tribunal review) is a plausible source of future clarifying authority. For current legal strategy, the Regulations must be read alongside the Road Management Act 2004 and the relevant project Acts and agreements whose rights and obligations the Regulations expressly do not alter (reg 5(3)).

The Regulations contain a number of practical traps and attention points where routine assumptions by authorities, developers or the public can produce compliance failures or unexpected costs. The following are source-grounded operational “gotchas” to watch for.

CEO certification bypasses public notice

A road authority CEO may certify in writing that a proposed amendment to the road management plan determines a higher standard, applies to roads acquired since the last review, or is administrative/machinery in nature, thereby avoiding the notice obligations in reg 10 (reg 11(1)-(3)). The effect is to permit certain substantive standard increases or changes to be made without the broader notice and public submission process. Practitioners should note this internalised power and the categories that allow it; failing to recognise its existence can lead to surprise when amendments are made without external notice.

Narrow discontinuance exemptions, but strict proof needed

The discontinuance exemptions in reg 6 remove section 12(4)-(10) public-notice requirements in specific scenarios, but they hinge on concrete conditions: for partial-width discontinuances, access must not be denied and passage must not be “prohibited or unreasonably restricted,” notices must be given to municipal councils and utilities and any written submission must be considered as per section 12(6)-(10) (reg 6(1)-(3)); for full-width discontinuances, the discontinuing body must reasonably believe the road is not in use for road-related purposes and there must be alternative means of access to abutting land, plus specified notice steps (reg 6(4)-(6)). The “reasonable belief” standard and the requirement to take “reasonable steps” to give written notice to every owner of abutting property create factual thresholds; a failure to take the required steps or to properly document the reasonable-belief basis can void the exemption claim.

Notice timeframes are short and specific

Multiple notice periods are fixed and short: not less than 28 days for discontinuance notices and plan amendment notices (reg 6(2)(b), reg 10(1)(e), reg 6(5)(b)), and minimum 14 days for owner collection of removed items (reg 25(3)). Missing or miscalculating these windows can defeat an exemption, create procedural unfairness or expose an authority to review or claims.

Head, Transport for Victoria overlap with municipal responsibilities

Reg 25(6) and its note state that the Head, Transport for Victoria may remove objects from any part of a road for which it is the coordinating authority even if it is not the responsible authority in relation to that roadside. Practically, this creates a situation where the Head may act on an arterial road roadside even though a municipal council is responsible for that roadside under the Act. That can cause operational friction about cost allocation and duplicate action.

Differing penalty scales: infringement vs prosecution

The specified infringement penalties in Schedule 1 are lower than the substantive penalty units specified in the body of some regulations (compare reg 19(2) 10 penalty units with Schedule 1 item 1 specified penalty 2.5 units). Authorities can elect to proceed by infringement notice (lower, on-the-spot fine) or by prosecution (higher maximum). Parties dealing with enforcement should be mindful which route an authorised officer is taking, as the practical financial consequence is very different.

Document retention and publication obligations

Road authorities must record and publish amendments and review reports and make them available for inspection (reg 9(2), reg 13). Failure to keep proper records or make documents accessible online or at the specified office may frustrate statutory notice requirements or planning obligations.

Removal and disposal can convert into cost recovery

A road authority may dispose of removed items after notices and the 14-day waiting period; it may also recover removal costs from a responsible person in the Magistrates’ Court (reg 25(2)-(5)). The term “responsible person” has a broad formulation (reg 25(6)) that can include owners or managers of premises who had the ability to prevent deposition. Businesses adjacent to roads should monitor their activities and vehicle movements to avoid being designated responsible persons.

Head property entry and proof of consent

If the Head places a sign prohibiting entry to Head, Transport for Victoria property, entry without written consent is an offence with a 10 penalty-unit sanction (reg 19(1)-(2)). Persons who have consent must be prepared to produce the consent and evidence of identity to police or authorised persons on request; failing to do so attracts a separate 10 penalty-unit penalty (reg 19(4)). Copies of consent should be carried when on Head property, and authorities should maintain registers of consents to avoid disputes.

Hoarding/advertisement application detail and fee cap

Applications for consent to place hoardings must include particular content (contact details, responsible party, description, location) and the coordinating authority may charge a fee not exceeding 17.93 fee units (reg 23(4)-(5)). Practitioners must budget for this capped fee and ensure application completeness to avoid administrative delays or rejection.

Variable monetary exposure

Because fees and penalties are denominated in fee and penalty units, the dollar exposure of fines and fees changes annually (Endnotes). For budgeting and risk assessment, businesses and authorities should convert unit-based penalties to the current dollar amounts published before 1 June each financial year.

Vehicle removal notice technicalities

A State road authority must serve a notice by post on the registered operator or owner where it removes a vehicle under Schedule 4 to the Act, but reg 22(2) creates an exception where the vehicle does not display a number plate or other identifying feature enabling owner identification. In practice, lack of identification can preclude notice and impact owners’ ability to reclaim vehicles; agencies should document identification efforts.

Sunset and temporary status

The Endnotes show the Regulations are subject to a sunset mechanism and were extended to 14 June 2026 by an extension regulation. Practitioners should be aware of potential expiry and review cycles that could change the regulatory landscape (Endnotes).

Each of these “gotchas” springs directly from the text of the Regulations and the interplay of notice, certification, and enforcement mechanisms. Parties should structure procedure and record-keeping to align with the fixed timeframes, notice recipients and the specific conditions that enable or disable statutory exemptions.

This compliance checklist is drawn from the Regulations’ procedural prescriptions. It is organised by actor (road authorities, Head/State authorities, applicants/private parties) and gives concrete steps and templates of action points that follow the regulatory text.

For road authorities (coordinating and responsible authorities)

Road management plan reviews: schedule statutory reviews. Non-municipal road authorities must commence within four years of making the plan (or four years after the last review), and complete within five years (reg 8(2)). Municipal councils must align with section 90(3) of the Local Government Act 2020 (reg 8(3)). Maintain a review calendar tied to these windows and to any Minister-fixed later dates.
Review conduct and reporting: ensure reviews assess standards and priorities for inspection, maintenance and repair (reg 9(1)). Produce a written report summarising findings and conclusions and make it available at the office where the plan may be inspected and online (reg 9(2)). Where the authority decides not to amend the plan or to make an amendment that does not require notice under reg 10, publish a notice in the Government Gazette and a local newspaper stating the outcome and where reports are available, and include the requirement to record on the plan the substance and date of effect of any non-notifiable amendment (reg 9(3)-(4), reg 13(3)).
Amendment procedure: if proposing amendments that determine standards under section 41, follow reg 10: prepare a notice stating purpose and purport, describe affected roads/classes, state where the proposed amendment and relevant review report may be inspected, and give at least 28 days for submissions. Publish the notice in the Government Gazette and in a daily newspaper circulating in the affected area and consider sending the notice directly to persons believed to be affected (reg 10(1)-(2)).
CEO certification: where the proposed amendment raises standards (i.e. is higher), applies only to roads the authority has acquired since the last review, or is administrative/machinery, prepare a written CEO certification that sets out the basis for the certification and retain it on file (reg 11). Keep documentation to demonstrate the factual basis for a “reasonable belief” where relevant.
Discontinuance processes: when a discontinuance is proposed, determine whether the partial-width or full-width exemption applies under reg 6. If relying on the exemption, ensure written notices are given to the municipal council and each utility, provider of public transport or infrastructure manager “of whom the discontinuing body is aware” and provide at least 28 days for submissions (reg 6(2), (5)). For full-width discontinuances that provide access to Crown-managed land, give notice to the Secretary to the Department of Energy, Environment and Climate Action (reg 6(5)(a)(iii)). Document “reasonable steps” taken to notify abutting owners (reg 6(6)) and record consideration of any written submissions to comply with reg 6(1)(d) or reg 6(4)(d).
Permits and consent registers: establish a permit template and register for written permits under regs 16-18. Ensure permits contain the prescribed contents for consents where applicable (see reg 23(6) for content of consents for hoardings; general permit details should include recipient name, purpose, conditions, issue date, expiry where relevant and the signature of the authorising officer).
Directions and removal actions: when issuing directions under reg 24, issue them in writing with a reasonable time and any conditions specified; maintain proof of service and provide a record of any defensible basis for directions. For removals under reg 25, establish procedures to: remove items safely, identify owners where possible, send notice to last known addresses with fees that “reasonably represent” costs, and allow at least 14 days before disposing (reg 25(3)-(4)). Use the low-value threshold rules to fast-track disposal of low-value items (reg 25(6) note).
Cost recovery and court actions: if seeking recovery of removal costs, prepare a detailed schedule of actual direct and indirect costs, and ensure these costs are reasonable and documented because recovery occurs in the Magistrates’ Court under reg 25(5).
Incident and condition reports: adopt templates that meet the prescribed particulars in regs 14-15 for notices of incident and condition reports; include the name and address of the person commencing proceedings, signature, date, incident description, timing, site description and the certification required for condition reports (reg 14; reg 15).
Hoardings and advertisements: establish an application form that includes the applicant’s name/address/contact, the party with ongoing responsibility, date, description of the proposed structure/device/hoarding/sign and the road name/location (reg 23(5)). Set a schedule and accounting for the fee capped at 17.93 fee units (reg 23(4)). When consenting, ensure the written consent contains the required elements (reg 23(6)). If refusing, provide prompt advice because applicants can seek VCAT review within 28 days (reg 23(2)).

For the Head, Transport for Victoria and project corporations

Construction-zone control: apply reg 17 by placing signs at construction zone boundaries where appropriate, issuing permits for access or works, and enforcing the prohibition against damage or placing anything that may pose a safety risk in the zone (reg 17(1)-(3)).
Head property entry: where a Head sign has been placed under reg 19(1), put in place a consent register, a process for authorising persons and a verification regime so that consenting persons can produce consent and identification on request to police or authorised persons (reg 19(4)). Implement supervisory arrangements for Head contractors and ensure works managers supervise authorised personnel (reg 19(3) exclusions).
Bridge and camping restrictions: ensure signage and enforcement capacity for bridge-use prohibitions (reg 20) and camping prohibitions on specified road reserves (reg 21), noting the narrower “resting in parked vehicle” exception for driver fatigue management (reg 21(3)).

For applicants, developers, utilities and private persons

Discontinuance notifications and submissions: if you receive a discontinuance notice under reg 6, prepare a written submission within the specified not-less-than-28-day period. If you are a discontinuing body, ensure notices are served to the named recipients and that any submissions are considered in the manner required under section 12 of the Act and reg 6(1)(d)/(4)(d).
Permits for works and deposits: if you intend to interfere with road infrastructure, excavate, deposit materials on a road, or drive a vehicle likely to cause damage, obtain the necessary written permit/consent from the coordinating authority or the relevant corporation before commencing (reg 16, reg 18). Keep copies of consents when operating on Head property and be ready to produce them (reg 19(4)).
Hoarding/advertisement applications: use the coordinating authority’s prescribed application content and be prepared to pay up to the fee-capped amount; if refused, consider a VCAT application within 28 days (reg 23(2), (4)-(6)).
Removal of vehicles: if your vehicle is removed under Schedule 4 to the Act, monitor post for notices from the State road authority and comply with any instructions; where the vehicle lacks identifying plates, be aware reg 22(2) suspends the notice requirement and you may need to liaise proactively with the removing authority (reg 22).

Record-keeping, templates and accountability

Maintain a permit register, a consents register for Head property, a discontinuance-notice log with proof of service, plan-review calendar and review-report repository (reg 9(2), reg 13).
Adopt standard templates for: CEO certifications (reg 11), discontinuance notices (reg 6), plan amendment notices (reg 10), incident notices (reg 14) and condition reports (reg 15), work permits (reg 16, reg 17), and hoarding consent documentation (reg 23).
Document reasonableness determinations (for “reasonable belief” in discontinuances, “reasonable steps” to notify abutting landowners, and “reasonable” costs for disposal or recovery). A robust factual file will support reliance on exemptions and facilitate defence if an action is challenged.

Compliance monitoring and liaison

Coordinate with local municipal councils, utilities and public-transport providers to ensure notices are served to the correct parties and that their contact details are up to date; practice shows that “of whom the discontinuing body is aware” (reg 6(2), (5)) requires good diligence.
Where projects touch Crown-managed lands or alpine resorts, include the Secretary to the Department of Energy, Environment and Climate Action in the consultation steps as required (reg 6(5)(a)(iii)).

Budgeting for fees and penalties

Because fees and penalties are unit-based and tied to the Monetary Units Act and the Sentencing Act, convert unit amounts to dollar values using the published fee/penalty-unit amounts each year for accurate budgeting (Endnotes). For hoarding application fees and the Head’s property enquiry fee, ensure current fee-unit values are consulted.

By following the specific procedural steps and documenting key justifications and steps, authorities and private parties can minimise the risk of inadvertent non-compliance. The Regulations emphasise written permits, notice and record-keeping; compliance regimes should therefore prioritise those administrative controls.

Road Management (General) Regulations 2016

Plain English Summary

Deep Dive

What it does

Current sections

Road Management (General) Regulations 2016

Source text: opening excerpt

1 Road Management (General) Regulations 2016

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply