Victorian Numbered Acts Victorian Numbered ActsAfter section 134B of the Road Management Act 2004 insert —
(1) Subject to this section, Southern Way Pty Limited A.C.N. 136 724 733 is the Peninsula Link Freeway Corporation.
(2) If the person who is, for the time being, the Peninsula Link Freeway Corporation agrees to the declaration of another person as the Peninsula Link Freeway Corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Peninsula Link Freeway Corporation.
(3) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
(1) This Act applies in respect of the Peninsula Link Freeway in accordance with this section and section 134E.
(2) Subject to this section, the Peninsula Link Freeway Corporation is, in respect of the Peninsula Link Freeway, the coordinating road authority for the purposes of sections 19, 48(3) and 63(1) and clauses 7, 12 and 13 and Part 2 of Schedule 7.
(3) Subject to subsection (2) and section 134E, VicRoads has the powers and functions of a coordinating road authority in respect of the Peninsula Link Freeway if so requested by the Peninsula Link Freeway Corporation.
(4) The functions and powers of an authorised officer appointed by VicRoads extend in respect of the Peninsula Link Freeway if so requested by the Peninsula Link Freeway Corporation in accordance with an arrangement between the Peninsula Link Freeway Corporation and VicRoads.
(5) A direction to the Peninsula Link Freeway
Corporation under section 22 must not be inconsistent with the Peninsula Link
Project Deed.
s. 12
(6) A Code of Practice under section 28 in its application to the Peninsula Link Freeway Corporation must not be inconsistent with the Peninsula Link Project Deed.
(7) A determination under section 41 must not be inconsistent with the Peninsula Link Project Deed.
(8) Section 66 does not apply to the Peninsula Link Freeway if the placing of the structure, device, hoarding, advertisement, sign or bill is permitted under the Peninsula Link Project Deed.
(9) Section 96 applies to the Peninsula Link Freeway as if VicRoads were the relevant road authority.
(10) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d), 39, 105(3), 118, 119, 120, 123, and 127 and clauses 2 and 3 of Schedule 2 and clauses 1, 2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not apply to the Peninsula Link Freeway or the Peninsula Link Freeway Corporation.
(11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14 of Schedule 4 apply to the Peninsula Link Freeway Corporation in respect of the Peninsula Link Freeway as if the Peninsula Link Freeway Corporation were the responsible State road authority.
(12) Clause 10(1) of Schedule 5 applies to the Peninsula Link Freeway as if the reference to infrastructure did not include road-related infrastructure installed in accordance with the Peninsula Link Project Deed.
(13) The power to—
(a) cause to be removed, destroyed or blocked a means of access to a freeway constructed, formed or laid out without the consent of the road authority; and
(b) cause to be erected and maintained fences, posts or other obstructions along a freeway or along or across an entrance, approach or means of access to a freeway for the purpose of preventing access to a freeway—
which is conferred on VicRoads in relation to a freeway is conferred on the Peninsula Link Freeway Corporation in respect of the Peninsula Link Freeway.
(1) Schedule 7 applies to the Peninsula Link Freeway as modified by this section.
(2) Clause 8 applies as if after subclause (4) there were inserted—
"(5) Subclause (1) does not apply to the carrying out of routine maintenance and inspection work.
(6) For the purposes of this clause, work is not routine maintenance and inspection work if it requires traffic management measures in order to be conducted safely.".
(3) Clause 14 applies as if after subclause (1) there were inserted—
"(1A) The Peninsula Link Freeway Corporation must have regard to the principles specified in this clause in the provision of road infrastructure.".
(4) Clause 14 applies as if for subclause (2) there were substituted—
"(2) The Peninsula Link Freeway must be managed as far as is reasonably practicable in such a way as to minimise any adverse effects on—
(a) the use of the Peninsula Link Freeway by members of the public; and
(b) the provision of services by a utility or a provider of public transport.".
(5) Clause 14(3) applies as if after paragraph (g) there were inserted—
"(h) minimise any damage to non-road infrastructure;
(i) minimise any risk to the property of utilities or providers of public transport;
(j) ensure that non-road infrastructure is reinstated as nearly as practicable to the condition existing before the works necessary for the provision of the road infrastructure were conducted.".
(6) Clause 16(5) applies as if the reference to the works and infrastructure management principles were a reference to clause 14(2).
(7) Clause 16 applies as if after subclause (8) there were inserted—
"(8A) Conditions to which a consent is given under this clause must not require an applicant to compensate the Peninsula Link Freeway Corporation for economic loss or to pay any form of penalty.".
(8) Clause 17 applies as if after subclause (4) there were inserted—
"(4A) A Code of Practice applying to works on the
Peninsula Link Freeway must not be inconsistent with the Peninsula Link
Project Deed.".'
s. 12
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PART 3—AMENDMENT OF ACCIDENT TOWING SERVICES ACT 2007