Subordinate Legislation (Road Management (Works and Infrastructure) Regulations 2015) Extension Regulations 2025

The instrument relies on and implements three core concepts: statutory extension, temporal delimitation, and reliance on enabling authority in the Subordinate Legislation Act 1994.

• Statutory extension: The operative concept is extending the life of an existing statutory instrument that would otherwise cease by operation of law. Regulation 1 frames the objective as preventing revocation under s 5(1) of the Subordinate Legislation Act 1994. The mechanism used is a separate Statutory Rule that expressly extends the operation of the named instrument (reg 3). That means the legal effect of the 2015 Regulations continues unchanged for the period specified; this extension rule does not purport to amend the substance of the 2015 Regulations.

• Temporal delimitation: The extension is strictly time‑limited. Regulation 3 sets a defined start date (15 June 2025) and end date (14 June 2026) for the continued operation of the 2015 Regulations. Regulation 4 then sets an express revocation date for the extension Regulations themselves (15 June 2026). The Endnotes show the extension instrument was made and commenced on 11 June 2025 (Endnote 1), but the legal extension period for the underlying instrument begins 15 June 2025 (reg 3). The separation of the instrument’s commencement and the substantive extension period is a notable drafting detail for compliance calendaring.

• Enabling authority: The instrument is made under sections 5A and 28 of the Subordinate Legislation Act 1994 (reg 2). The Endnotes record that the Governor in Council made the Regulations under those provisions (Endnote 1). The instrument therefore depends on delegated‑legislation powers that permit the Executive to extend subordinate instruments’ operation. The Explanatory Details link the named underlying instrument as S.R. No. 61/2015 as amended by S.R. No. 61/2024 (Explanatory Details).

Ancillary interpretive concepts are recorded in the Endnotes concerning the Interpretation of Legislation Act 1984 (ILA). Those notes state that headings, examples, diagrams, notes, punctuation and provision numbers form part of a Statutory Rule made on or after 1 January 2001, and that other material printed after the Endnotes does not form part of a Statutory Rule (Endnote: Interpretation of Legislation Act 1984 (ILA)). Those interpretive rules shape how a reader locates penalties, notes and examples within the statutory instrument and confirm that explanatory material in the Endnotes does not itself carry statutory force.

Taken together, the main concepts show that the instrument is a temporary, enabling statutory rule that preserves the 2015 Regulations’ legal effect for a bounded period via powers in the Subordinate Legislation Act 1994, leaving the underlying substantive regulatory architecture untouched.

The instrument does not create new subject classes; rather it maintains the effect of the Road Management (Works and Infrastructure) Regulations 2015 for an additional 12 months. Therefore the population affected by this Extension Regulations is the same group that is affected by the 2015 Regulations. The Extension Regulations themselves identify the 2015 Regulations as the subject of the extension (reg 3), and state their objective is to avoid revocation under s 5(1) of the Subordinate Legislation Act 1994 (reg 1). The Endnotes identify the executive actor who made the extension: the Governor in Council under sections 5A and 28 of the Subordinate Legislation Act 1994 (Endnote 1). That tells us who decides the extension but not the substantive content of the underlying obligations.

Practically, the affected parties therefore include all persons, entities and public authorities that were subject to obligations, rights, powers or penalties under the Road Management (Works and Infrastructure) Regulations 2015 prior to the otherwise scheduled revocation. That encompasses local councils, road authorities, contractors, utilities and other regulated operators whose duties, works‑approval requirements, infrastructure obligations or compliance frameworks are regulated under the 2015 instrument. The Extension Regulations maintain the legal requirement that those actors continue to comply, enforce and operate under the 2015 Regulations for the period 15 June 2025 to 14 June 2026 (reg 3). Because the Extension Regulations do not alter substantive provisions, the relevant content of who is affected remains defined by S.R. No. 61/2015, as amended, which the Explanatory Details cite (Explanatory Details, reg 3 reference).

Who bears costs: the parties subject to the 2015 Regulations continue to bear any compliance costs, administrative costs, inspection or approval fees, or obligations that the 2015 Regulations impose. The Extension Regulations do not transfer those costs to other parties nor create new funding mechanisms. The instrument itself imposes no new obligations; it preserves existing obligations for a defined period.

Who enforces: enforcement mechanisms and penalty regimes (if any) remain those specified in the underlying 2015 Regulations and the broader statutory framework that governs them. The Extension Regulations contain no separate enforcement provisions. The Table of Amendments records no amendments to the Extension Regulations (Table of Amendments), and the Endnotes confirm the making and commencement particulars (Endnote 1).

In sum, the Extension Regulations affect the same regulated population as the Road Management (Works and Infrastructure) Regulations 2015. The immediate decision‑maker for the extension was the Governor in Council acting under the cited provisions of the Subordinate Legislation Act 1994 (Endnote 1). The substantive burdens and rights remain those in the underlying 2015 instrument, preserved unchanged for the stated period (reg 3).

This instrument does not set out substantive duties or rights itself. Its sole legal effect is temporal: to continue the operation of the Road Management (Works and Infrastructure) Regulations 2015 for the period 15 June 2025 to 14 June 2026 (reg 3). Therefore, the catalogue of duties and rights that apply during that period is the catalogue contained in the 2015 Regulations (S.R. No. 61/2015), as amended (Explanatory Details, reg 3 reference). The Extension Regulations preserve those duties and rights rather than creating or modifying them.

Mechanically, the legal consequences are:

• Continuation of existing regulatory duties: any procedural, licensing, approval, operational, construction, maintenance or notification obligations imposed by the 2015 Regulations remain in force for the extension period. Those duties are not reproduced in the Extension Regulations; practitioners must consult S.R. No. 61/2015 and its amendments for the substantive text.

• Continuation of existing rights: any entitlements, exemptions, application rights, appeal pathways or defences provided by the 2015 Regulations persist unchanged during the extension period. Again, the Extension Regulations do not create new rights or alter existing ones.

• No new statutory offences or penalties in the extension instrument: the Extension Regulations contain no penalty provisions or enforcement powers of their own. Any offences, fines or enforcement procedures are those that appear in the underlying 2015 Regulations or in the primary legislation that gives effect to them. The Table of Amendments notes no amendments to the Extension Regulations (Table of Amendments), and the Endnotes indicate the Extension Regulations were made and commenced on 11 June 2025 (Endnote 1).

• Temporal effect of duties and rights: the prescribed start and end dates mean duties and rights will operate continuously under the 2015 Regulations across the period 15 June 2025 to 14 June 2026 (reg 3). After that period, unless the 2015 Regulations are further extended, remade, or otherwise preserved, the duties and rights they create will cease to operate by virtue of the mechanism described in reg 1 (revocation under s 5(1) of the Subordinate Legislation Act 1994), and the Extension Regulations themselves will be revoked on 15 June 2026 (reg 4).

For practical compliance and advisory work, the implication is that the legal obligations and entitlements affecting clients remain those already in force under the Road Management (Works and Infrastructure) Regulations 2015. Advisers must therefore read the 2015 Regulations (and the S.R. No. 61/2015 amendment history) to determine the precise content of duties and rights preserved by the extension. The Explanatory Details flag the relevant underlying instrument and amendments (Explanatory Details, reg 3 reference).

The Extension Regulations contain no bespoke penalty provisions, enforcement powers, or regulatory sanctions. Their operative content is temporal only: to extend the operation of the Road Management (Works and Infrastructure) Regulations 2015 for the period 15 June 2025 to 14 June 2026 (reg 3). Any penalties, enforcement mechanisms, administrative sanctions, compliance notices or remedies applicable during that period are those specified in the underlying Road Management (Works and Infrastructure) Regulations 2015 (S.R. No. 61/2015), as amended, and in the primary Acts that underpin that subordinate instrument. The extension instrument neither modifies nor adds to those enforcement arrangements.

Practitioner consequences and mechanics:

• Enforcement continuity: regulators, authorised officers and any enforcement bodies that derive their powers from the 2015 Regulations will continue to exercise those enforcement powers for the extension period. The Extension Regulations keep the operative legal base of the 2015 Regulations in force for the specified timeframe (reg 3), so enforcement activity that relies on the 2015 Regulations remains valid.

• No new offences in the extension instrument: because the Extension Regulations do not introduce offences or penalties, prosecutions, penalty notices or other enforcement actions must be brought or maintained under the provisions of the 2015 Regulations and related Acts. Advisers should therefore locate and rely on the enforcement provisions within S.R. No. 61/2015 and its amendment history for the substantive law on penalties.

• Procedural implications: the extension may affect procedural timelines, limitations and transitional arrangements that depend on the continued operation of the 2015 Regulations. For example, time limits for applications, approvals or compliance orders that reference the 2015 Regulations will remain operative; the Extension Regulations do not themselves set procedural deadlines. Because the Extension Regulations were made and commenced on 11 June 2025 but specify the extension period runs from 15 June 2025 (reg 3; Endnote 1), practitioners should check whether any enforcement timeline interacts with the dates of the extension.

• Revocation timing and enforcement closure: the Extension Regulations terminate the continued operation of the 2015 Regulations after 14 June 2026. Regulation 4 states the extension instrument is revoked on 15 June 2026. Enforcement agencies and regulated parties must therefore track that date; unless a further extension or a replacement instrument is made, the enforcement basis supplied by the 2015 Regulations will no longer be in effect after the extension period ends.

• No recorded litigation history: the instrument’s Endnotes and Table of Amendments record no amendments and do not note any litigation arising from these Extension Regulations (Table of Amendments; Endnote 1). That indicates there were no reported legal challenges recorded in the instrument’s ancillary material at the time of publication.

In summary, penalties and enforcement during the extension are governed exclusively by the underlying 2015 Regulations and the primary law that supports them; the Extension Regulations are a temporal vehicle that keeps those enforcement arrangements alive for a further year (reg 3), without change.

The Extension Regulations operate as a temporal bridge between the Road Management (Works and Infrastructure) Regulations 2015 and whatever legal state exists once the extension expires. The instrument explicitly situates itself within the Subordinate Legislation Act 1994 and the Interpretation of Legislation Act 1984 (ILA), so its legal interactions are primarily procedural: with the Subordinate Legislation Act 1994 as the enabling statute, and with the ILA as the interpretive framework.

Statutory authorisation and relationship with primary legislation:

• The Extension Regulations are made under sections 5A and 28 of the Subordinate Legislation Act 1994 (reg 2). The instrument states its objective is to prevent revocation by operation of s 5(1) of that Act (reg 1). Thus the Extension Regulations are an exercise of delegated power under the Subordinate Legislation Act 1994 and operate to override the automatic revocation mechanism that would otherwise apply to subordinate instruments under that Act. The extension therefore depends on, and is constrained by, the terms of the enabling provisions in the Subordinate Legislation Act 1994.

Interpretive interactions with the ILA:

• The Endnotes include a summary of relevant interpretive rules from the Interpretation of Legislation Act 1984, indicating that headings, examples, notes, punctuation and provision numbers form part of a Statutory Rule made on or after 1 January 2001, and that other material printed after the Endnotes does not form part of a Statutory Rule (Endnote: Interpretation of Legislation Act 1984 (ILA)). These provisions affect how to read and apply the Extension Regulations and the underlying 2015 Regulations once extended. For example, the rule that legislative items are taken to be at the foot of the provision they relate to (ILA s 36B referenced in the Endnotes) will dictate placement and interpretation of penalties or notes in the underlying instrument.

Interaction with the underlying subordinate instrument:

• The Extension Regulations preserve the operative effect of the Road Management (Works and Infrastructure) Regulations 2015, as they stand (reg 3; Explanatory Details). They do not amend the 2015 Regulations; they do not create transitional provisions or savings clauses beyond the extension itself. That means any interaction between the 2015 Regulations and other statutes, instruments or statutory powers continues in the same form as before the extension.

Practical cross‑statutory points for advisers to check:

• Where other statutory schemes rely on the existence or repeal of the 2015 Regulations (for example, cross‑references, savings provisions, consequential amendments in other subordinate instruments), those linkages remain valid for the extension period. The Extension Regulations do not address or modify those interdependencies; they simply keep the 2015 Regulations operational for the specified period.
• The Endnotes record that the underlying instrument is S.R. No. 61/2015 as amended by S.R. No. 61/2024 (Explanatory Details). Any amendments to the 2015 Regulations that were made before this extension (including S.R. No. 61/2024) are part of the law preserved by the extension.
• The Extension Regulations themselves are subject to the revocation and other procedural rules in the Subordinate Legislation Act 1994. Regulation 4 revokes the Extension Regulations on 15 June 2026; any further preservation of the 2015 Regulations beyond that date would require a new statutory action. The instrument therefore interacts with the broader calendar of subordinate legislation renewal and sunset mechanisms under Victorian law.

No other statutes or administrative instruments are expressly modified by the Extension Regulations. The Extension Regulations are limited in legal effect to preserving the existing interplay between the 2015 Regulations and other laws for the stated temporal window. Practitioners should therefore read the 2015 Regulations and any cross‑referenced statutes to identify ongoing interactions during the extension period.

The Extension Regulations themselves show a concise amendment history: there are no amendments recorded. The Table of Amendments in the Endnotes explicitly states that there are no amendments to the Subordinate Legislation (Road Management (Works and Infrastructure) Regulations 2015) Extension Regulations 2025 by statutory rules, subordinate instruments or Acts (Table of Amendments). The instrument is Version No. 001 and the version date is 11 June 2025, which corresponds to the date the Regulations were made (Endnote 1).

The Explanatory Details record a cross‑reference for reg 3: the underlying instrument is S.R. No. 61/2015 as amended by S.R. No. 61/2024 (Explanatory Details, reg 3 note). That indicates that the Road Management (Works and Infrastructure) Regulations 2015 have prior amendment history (at least up to S.R. No. 61/2024), and those amendments are carried forward as part of what is being extended. The Extension Regulations do not themselves amend the 2015 Regulations; they merely preserve them inclusive of earlier amendments.

Key dated milestones recorded in the Endnotes and regulations:

• Instrument made: 11 June 2025 by the Governor in Council under sections 5A and 28 of the Subordinate Legislation Act 1994 (Endnote 1).
• Instrument commenced operation: 11 June 2025 (Endnote 1). Note the instrument’s operative extension period for the underlying 2015 Regulations begins 15 June 2025 (reg 3).
• Extension period for 2015 Regulations: 15 June 2025 to 14 June 2026 (reg 3).
• Extension Regulations revoked: 15 June 2026 (reg 4).

Because the instrument itself is a simple temporal extension there are no internal amendment rounds to trace within this statutory rule. Any substantive changes to the Road Management (Works and Infrastructure) Regulations 2015 up to and including S.R. No. 61/2024 are preserved by the extension; for the full amendment history of the underlying instrument advisers must consult the amendment table and version history of S.R. No. 61/2015 itself (Explanatory Details).

In sum, the Extension Regulations have no amendment history beyond their original making, and their effect is to carry forward the existing, previously amended 2015 Regulations for a defined one‑year period.

The Extension Regulations’ ancillary material does not record any litigation or judicial decisions concerning the instrument. The Endnotes and Table of Amendments provide administrative metadata , they show the instrument was made on 11 June 2025, commenced on that date, and will be revoked on 15 June 2026 (Endnote 1). The Table of Amendments records no amendments and does not list any legal challenges (Table of Amendments). The Explanatory Details make a technical reference to S.R. No. 61/2015 as amended by S.R. No. 61/2024, but contain no report of court proceedings (Explanatory Details).

Because the Extension Regulations are procedural and temporal in nature , they extend the operation of an existing subordinate instrument rather than altering substantive rights or penalties , there may be a lower likelihood of litigation directly challenging the extension itself. The instrument does not purport to change policy substance, reallocate resources, or impose novel obligations; its legal function is to continue the operative force of the 2015 Regulations for a limited period (reg 3). Nevertheless, the absence of recorded litigation in the Endnotes and Table of Amendments is the only source‑grounded statement available here. Any litigation concerning the substantive provisions that the extension preserves would be recorded in decisions or materials that relate to the Road Management (Works and Infrastructure) Regulations 2015, not necessarily in these Extension Regulations’ Endnotes.

For practitioners, the relevant litigation history for substantive issues remains the body of case law, interlocutory rulings and tribunal decisions that engage the 2015 Regulations themselves and the primary Acts under which they operate. This Extension Regulations instrument does not add to that litigation record and the published instrument contains no entries indicating any existing or past judicial proceedings specifically about the extension.

This instrument is short and mechanistic, but a number of practical and interpretive points are worth flagging , all drawn from the instrument’s text and endnotes.

1. Temporal mismatch between commencement and extension period: The Extension Regulations were made on 11 June 2025 and came into operation on 11 June 2025 (Endnote 1), but the extension of the 2015 Regulations is specified to run from 15 June 2025 to 14 June 2026 (reg 3). That means there is a short window between instrument commencement and the start of the extension period. Users should not assume that the date of making equals the operative start date for the extended underlying regulation. Check the reg 3 dates when planning compliance calendars.

2. Revocation timing requires attention: Regulation 3 ends the extension on 14 June 2026, but regulation 4 revokes the Extension Regulations on 15 June 2026. This sequencing means the extension instrument remains on the statute book until the day after the extension period ends (reg 3; reg 4). Practitioners should note that the legal force preserving the underlying instrument ceases at the end of 14 June 2026; any reliance on the 2015 Regulations beyond that day requires fresh legal authority.

3. No substantive change in law here: The instrument does not amend the Road Management (Works and Infrastructure) Regulations 2015; it preserves them. It therefore does not create new duties, exemptions, or transition rules. For substance you must consult the underlying S.R. No. 61/2015 (reg 3; Explanatory Details). A “gotcha” for unprepared advisers is to treat this instrument as if it alters regulatory substance , it does not.

4. Interpretive material in Endnotes is not law: The instrument includes explanatory notes about the Interpretation of Legislation Act 1984 (ILA) and confirms that material printed after the Endnotes does not form part of the Statutory Rule (Endnote: Interpretation of Legislation Act 1984 (ILA)). Those explanatory statements guide how to read the instrument but are not substantive law themselves. Consult the statutory text of the 2015 Regulations for operative duties and penalties.

5. Underlying amendments preserved: The Explanatory Details indicate the 2015 Regulations being extended are S.R. No. 61/2015 as amended by S.R. No. 61/2024 (Explanatory Details, reg 3 note). A “gotcha” is to assume the extension covers only the original 2015 text; it also preserves any amendments made up to and including S.R. No. 61/2024. Ensure you read the current consolidated text of S.R. No. 61/2015 when advising clients.

6. No recorded amendments or litigation in the Extension instrument: The Table of Amendments shows no amendments and the Endnotes do not cite litigation (Table of Amendments; Endnote 1). That does not mean the underlying 2015 Regulations are free of legal controversy; it simply means the Extension Regulations’ own record contains no such entries.

7. Who made the extension: The Endnotes record the instrument was made by the Governor in Council under sections 5A and 28 of the Subordinate Legislation Act 1994 (Endnote 1). If clients require administrative review or want to lobby for a different outcome, that identifies the executive actor who authorised the extension.

8. Plan for the end of the extension: Because this instrument is time‑limited and contains no mechanism for automatic further extension, regulated parties should plan for the possibility that the 2015 Regulations will cease to operate after 14 June 2026. Absent further legislative action, obligations based on the 2015 Regulations will fall away; conversely, if continuity is essential for operations, stakeholders should monitor for further extensions or replacement instruments.

9. Reliance on enabling statute: The legal validity of the extension rests on the enabling provisions in the Subordinate Legislation Act 1994 (reg 2). Advisers handling constitutionality or judicial review questions should focus on whether the extension conforms to the requirements of those sections, though the Extension Regulations’ Endnotes show the Governor in Council made the rule under the cited sections (Endnote 1).

These are procedural and interpretive pitfalls to note: the instrument is simple in purpose, but timing, consolidation, interpretation and forward planning are the practical issues that most commonly cause compliance failures.

Compliance with this Extension Regulations instrument is procedural: ensure continued compliance with the Road Management (Works and Infrastructure) Regulations 2015 (S.R. No. 61/2015, as amended) for the extension period 15 June 2025 to 14 June 2026 (reg 3). The Extension Regulations themselves impose no new duties. The following practical checklist flows from the instrument’s text and endnotes.

1. Confirm the operative text you must follow

   • Obtain the consolidated text of the Road Management (Works and Infrastructure) Regulations 2015, inclusive of amendments up to S.R. No. 61/2024, because the Extension Regulations preserve that instrument as amended (Explanatory Details, reg 3 note).
   • Do not rely on the Extension Regulations for substantive obligations; they only preserve the 2015 Regulations’ force (reg 3).

2. Update compliance calendars and internal deadlines

   • Note the extension period runs from 15 June 2025 to 14 June 2026 (reg 3). Ensure all compliance tasks, permit renewals, reporting obligations and approvals that depend on the 2015 Regulations are scheduled within that window.
   • Track the revocation of the Extension Regulations on 15 June 2026 (reg 4). Where ongoing obligations are critical, build contingency plans for the expiry of the 2015 Regulations at the end of the extension period.

3. Review enforcement and penalty exposure

   • Identify any offences, penalty notice regimes, or enforcement mechanisms contained in the 2015 Regulations and primary Acts. Since the Extension Regulations do not alter enforcement, exposure continues during the extension period. Counsel and compliance teams should maintain records and remedial actions accordingly.

4. Check interdependencies with other statutory regimes

   • Determine whether any other statutory instruments, licences or administrative approvals reference the Road Management (Works and Infrastructure) Regulations 2015. Those interdependencies remain valid during the extension period; adjust related compliance obligations accordingly.

5. Communicate to stakeholders

   • Notify affected operational teams, contractors, municipal authorities, or utilities that the 2015 Regulations remain in force for the stated period. Provide references to the consolidated 2015 Regulations so operational staff are aware of precise requirements.

6. Monitor for further legislative action or replacement

   • The Extension Regulations are time‑limited and do not provide for continuation beyond 14 June 2026. Advise clients to monitor the Victoria legislation portal or government communications for any further extension, remake, repeal or replacement instrument before that date (Endnote 1 references www.legislation.vic.gov.au for updates).

7. Document reliance and decision rationale

   • If organisations make operational decisions predicated on the continued operation of the 2015 Regulations, document the internal rationale and the dates on which decisions were taken. This record is useful if the subordinate regulatory environment changes after the extension period.

8. Where necessary, seek formal clarification

   • If there is uncertainty about the application of particular provisions in the 2015 Regulations, seek advice from the relevant regulator or legal counsel. The Extension Regulations do not alter interpretation; queries should be directed to the substantive instrument’s provisions and the statutory framework under the Subordinate Legislation Act 1994.

9. Note who authorised the extension

   • The instrument was made by the Governor in Council under sections 5A and 28 of the Subordinate Legislation Act 1994 (Endnote 1). Where representations or submissions about future regulatory design are contemplated, this identifies the decision‑maker to engage.

10. Check interpretive rules in the ILA

    • The Endnotes summarise interpretive rules from the Interpretation of Legislation Act 1984 that apply to statutory rules (Endnote: Interpretation of Legislation Act 1984 (ILA)). Ensure that documents, headings, examples and notes in the statutory text are read according to those ILA provisions when compiling compliance guidance.

Overall, compliance steps are about continuing existing obligations and preparing for the end of the extension period. The Extension Regulations do not require new filings or registrations; they preserve the legal status quo embodied in the 2015 Regulations (reg 3). Compliance advisers should therefore focus on the substantive text of S.R. No. 61/2015 and maintain monitoring and contingency planning for the statutory cutoff at the end of the extension.