Introduction
Head, Transport for Victoria has obligations under transport legislation to coordinate, manage and operate the State’s road system (including freeways). This includes approving any freeway connections. Head, Transport for Victoria is also a referral authority for related land use planning applications, such as applications relating to use of land alongside freeways and adjoining arterial roads.
Freeway access is not automatic and is subject to attaining Head, Transport for Victoria’s written consent and compliance with Head, Transport for Victoria’s access conditions.
Legislative compliance
The Freeway connection policy's key requirements, freeway connection principles and guidance, have been determined within the context of Victoria’s transport and planning statutes.
Transport Integration Act 2010(opens in a new window) is Victoria’s primary transport Act. It places an emphasis on multi-faceted assessment in decision-making which is a critical driver in achieving integrated transport and land use outcomes. The TIA also establishes and sets out the powers and functions of the Head, TfV.
Road Management Act 2004(opens in a new window) is transport legislation under the Transport Integration Act and 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, including freeways. Schedule 2, Clause 1 of the Road Management Act states that no road, private road, or access point is to be connected to a freeway without the written consent of the Head, Transport for Victoria.
Planning and Environment Act 1987(opens in a new window) establishes a framework for planning the use, development, and protection of land in Victoria. The Planning & Environment Act is interface legislation under the Transport Integration Act.
There are several planning processes covered by the Planning and Environment Act which may involve an application for freeway access.
Victoria Planning Provisions(opens in a new window) are a comprehensive set of planning provisions for Victoria. It is a statutory device to ensure that consistent provisions for various matters are maintained across Victoria and that the construction and layout of planning schemes are the same.
Appendix A sets out some of the key relevant sections and clauses from the principal legislation (and amendments) that apply to the Freeway Connection Policy.
To be noted when reading the Policy
To clarify the relationship between the Department of Transport and Planning and the Head, Transport for Victoria readers are advised to keep in mind the following important information when reading this policy.
- Department of Transport and Planning and Head, Transport for Victoria are separate legal entities.
- Head, Transport for Victoria is a road authority under the Road Management Act, and is responsible for the road management functions, powers and duties as conferred by the Road Management Act for freeways and arterial roads. Department of Transport and Planning is not listed as a road authority under the Road Management Act.
- Head, Transport for Victoria is a referral authority under the Planning and Environment Act.
- Department of Transport and Planning staff perform functions, powers and duties on behalf of Head, Transport for Victoria.
- Approved legal documents or notices which relate to Head, Transport for Victoria functions under the Road Management Act or the Planning and Environment Act and require execution or signature from the State should be signed by the entity Head of Head, Transport for Victoria or Department of Transport and Planning staff with appropriate authorisation or delegation from the entity Head of Head, Transport for Victoria.
The Planning and Environment Act affords duties and powers to Head, Transport for Victoria as a referral authority. A referral authority is a body or person specified in a planning scheme as a referral authority for specific kinds of applications. In particular, Head, Transport for Victoria is a determining referral authority for planning permit applications required under Clause 52.29 (Land adjacent to the Principal Road Network).
"The key purpose of the referral process is to give a person or body whose interests may be affected by a permit application the opportunity to provide advice to the responsible authority about whether a permit should be granted. If a determining referral authority objects, the responsible authority must refuse to grant a permit, and if a determining referral authority specifies conditions, those conditions must be included in any permit granted." (Referral and Notice Provisions, Planning Practice Note 54 August 2023, Department of Transport and Planning).
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