Road operation and management powers in relation to leased land
62 Road operation and management powers in relation to leased land
S. 62(1) amended by Nos 50/1998 s. 19, 86/1998 s. 21(2)(a), 59/2003 s. 121(1), 12/2004 s. 162(8), 6/2010 s. 203(1) (Sch. 6 item 31.7) (as amended by No. 45/2010 s. 22).
If the Agreement, or another agreement made under the terms of the Agreement, provides for road operation and management powers in respect of land leased under section 60 to be conferred on the Link corporation, then, despite anything to the contrary in the Transport Integration Act 2010 or the regulations under that Act, the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act or the Local Government Act 1989 or the regulations under that Act or the Docklands Act 1991 or the regulations under that Act or the Road Management Act 2004 or the regulations under that Act, on and from the grant of a lease under section 60—
the Link corporation or any officer or employee of the Link corporation authorised by the Link corporation may exercise those powers in respect of the leased land; and
S. 62(1)(b) amended by Nos 86/1998 s. 21(2)(b), 59/2003 s. 121(2), 35/2011 s. 20, 10/2017 s. 36, 49/2019 s. 186(Sch. 4 item 28.37(a)).
the Head, Transport for Victoria, any Council and Development Victoria must not exercise those powers in respect of the leased land.
S. 62(1A) inserted by No. 75/2010 s. 5 (as amended by No. 32/2011 s. 21(2)), amended by No. 49/2019 s. 186(Sch. 4 item 28.37(b)).
Despite subsection (1)(b) and anything to the contrary in the Road Management Act 2004 or the regulations under that Act, the Head, Transport for Victoria may exercise any road operation and management powers relating to ramp metering conferred on the Link corporation in respect of land leased under section 60, in so far as the exercise of those powers by the Head, Transport for Victoria is provided for and is in accordance with any agreement between the Link corporation and the State including any agreed guidelines and protocols agreed by the parties under that agreement.
S. 62(2) substituted by No. 102/1998 s. 11.
In this section road operation and management powers means—
if by a declaration under section 61 the land is to be treated as a freeway, powers relating to the operation and maintenance of, and traffic management of a kind applicable to, a freeway, including those powers which apply to a freeway by virtue of the fact that it is a declared road; and
S. 62(2)(b) amended by No. 110/2004 s. 7.
if by a declaration under section 61 the land is to be treated as an arterial road, powers relating to the operation and maintenance of, and traffic management of a kind applicable to, an arterial road including those powers which apply to an arterial road by virtue of the fact that it is a declared road.
S. 63 repealed by No. 81/2000 s. 14.
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This Act’s bill:Second reading speech
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