The Transport Integration Act 2010 is Victoria’s primary transport Act. Part 4A of the Transport Integration Act establishes and sets out the powers and functions of the Head, Transport for Victoria. The relevant section is:
- Section 64C(1)(g) the Head, Transport for Victoria may develop operational policies, strategies, and plans for the road system.
The Road Management Act 2004 is transport legislation under the Transport Integration Act. The Road Management Act establishes a coordinated management system for public roads that will promote safe and efficient state and local public road networks and the responsible use of Victorian roads.
The relevant sections and clauses are:
- Schedule 2, Clause 1 - no road, private road or access point is to be connected to a freeway without the written consent of the Head, Transport for Victoria.
- Section 5(1) – if there is an inconsistency between the Road Management Act and any other Act in relation to the performance of a road management function, the provisions of the Road Management Act prevail.
- Section 14 – the Head, Transport for Victoria may declare a road to be a freeway or arterial road.
- Section 36 – the Head, Transport for Victoria is the coordinating road authority for a freeway or arterial road
- Section 37 – the Head, Transport for Victoria is the responsible road authority for a freeway
- Section 60 – penalty for constructing an access point to a freeway without written consent from the Head, Transport for Victoria or not complying with the conditions of the written consent.
- Section 119 – the Head, Transport for Victoria may perform any road management function on any road for the purposes of facilitating road safety and traffic management in relation to access to or from a freeway or arterial road.
- Section 122 - Power to charge fees – the Head, Transport for Victoria can set fees for applications for freeway access under the Road Management Regulations 2016.
The Planning and Environment Act 1987 is interface legislation under the Transport Integration Act 2010. The relevant sections are:
- Part 3 – Planning scheme amendment
- Section 47 – Planning permit application
- Section 55 – a responsible authority must refer a planning application to specified referral authorities. The Head, Transport for Victoria is the referral authority for planning applications involving access to a freeway.
- Section 96A – Combined planning scheme amendment and planning permit process
- Section 173(1) - a responsible authority may enter into an agreement with an owner of land in the area covered by a planning scheme for which it is a responsible authority
The Victoria Planning Provisions are a comprehensive set of planning provisions for Victoria. The relevant planning provisions are:
- Clause 18.02-4 – role of freeways
- Clause 52.29-4 – states that the Head, Transport for Victoria is the determining referral authority for any application to create or alter access to land adjacent to a freeway
- Clause 53.05 – Freeway Service Centres – access to a freeway service centre from a freeway must be designed to the requirements of the Head, Transport for Victoria.
Updated