Part 5 Classification of roads
The Minister may, by order published in the Gazette, declare to be a main road:(a) any public road, or(b) any other road that passes through public open space and joins a main road, State highway, freeway, tollway, transitway or controlled access road.
The Minister may, by order published in the Gazette, declare to be a State highway any main road that is a principal avenue of road communication within the State.
(1) The Minister may, by order published in the Gazette, declare to be a freeway any main road that is designed to facilitate the movement of motor traffic.(2) On the publication in the Gazette of an order declaring a main road to be a freeway, the RTA becomes the owner of the land on which the freeway is situated.
The Minister may, by order published in the Gazette, declare to be a controlled access road:(a) any main road that is designed to facilitate the movement of motor traffic, and(b) any road that joins a main road referred to in paragraph (a).
The Minister may, by order published in the Gazette, declare to be a secondary road any public road that, by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic.
The Minister may, by order published in the Gazette, declare to be a tourist road:(a) any public road, or(b) any other road that passes through public open space and joins a main road, State highway, freeway, tollway, transitway or controlled access road,being, in either case, a road that provides access to places that are visited, or are likely to be visited, by tourists.
(1) The Minister may, by order published in the Gazette, declare to be a tollway:(a) any road that is owned by the RTA and that is designed to facilitate the movement of motor traffic, or(b) any road proposed to be constructed on land owned or to be owned by the RTA.(2) A public road that is declared to be a tollway ceases to be a public road by virtue of the declaration.(3) A tollway is not a road or road related area within the meaning of the Road Transport (General) Act 1999 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section.
(1) The Minister may, by order published in the Gazette, declare to be a transitway:(a) any public road, or(b) any road that is owned by the RTA and that is designed to facilitate the movement of vehicular traffic, or(c) any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by the RTA.(2) A transitway is not a road or road related area within the meaning of the Road Transport (General) Act 1999 for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section.(3) The provisions of any Act forming part of the road transport legislation within the meaning of the Road Transport (General) Act 1999 and any other Act prescribed by the regulations, and of any regulations under any such Act, apply to and in respect of:(a) such part of a transitway as is not a road within the meaning of the road transport legislation (but is developed for, or has as one of its main uses, the driving or riding of motor vehicles) in the same way as if it were such a road, and(b) such part of a transitway as is not a road related area within the meaning of the road transport legislation (but is an area that divides, or is a footpath or nature strip adjacent to, a part of a transitway referred to in paragraph (a)) in the same way as if it were such a road related area.(4) The regulations may prescribe the classes of traffic that are permitted to enter or travel along, or are prohibited from entering or travelling along, a transitway or any part of a transitway.
The Minister may, by order published in the Gazette, declare to be a State work any public road or any other public work (including a bridge, tunnel and road-ferry) which, because of its nature, size, location or importance, the Minister considers should be a responsibility of the State.
(1) An order may not be made under this Division otherwise than on the recommendation of the RTA.(2) An order under this Division may be made in relation to a proposed road.(3) An order that is made as referred to in subsection (2) takes effect when the land to which it relates is opened to the public as a road.(4) In making an order under this Division, the Minister may include in the order a statement to the effect that specified land held by the RTA is dedicated as a public road and, in that event, the statement is taken to be a notice published by the RTA under section 10 (1), and section 10 (2) has effect accordingly.
55 Separate classifications etc of different lengths, lanes and levels of roads
(1) The whole of a road, or part only of the length or width of a road or a single level only of a road, may be classified under this Division.(2) Different lengths and widths and different levels of the same road may be differently classified under this Division.(3) The same length or width of public road may have more than one classification under this Division.(4) A road that is not a public road does not become a public road merely because it is classified under this Division.(5) Subsection (4) does not limit any provision of this Act whereby a private road that is classified under this Division is, for certain purposes, taken to be a public road.
56 Variation of route etc of classified roads
The changing of the route or boundaries of a classified road does not affect the classification of the road and the road has the same classification along the new route or between the new boundaries as it had along the old route or between the old boundaries.
Division 2 Consultation with roads authorities
This Division applies to the following actions of the RTA:(a) the recommendation by the RTA of the making, amendment or revocation of an order under Division 1 with respect to the declaration of a road as a main road,(b) the refusal by the RTA of a roads authority’s application for the recommendation of the making, amendment or revocation of such an order.
58 Consultation with roads authorities
(1) The RTA may not take any action to which this Division applies unless:(a) it has given written notice of the proposed action to each roads authority for the road concerned, and(b) it has given each such roads authority a reasonable opportunity to make submissions with respect to the proposed action.(2) The RTA must notify any roads authority from which it has received a submission objecting to the taking of the proposed action if the RTA decides to proceed with the action.(3) This section does not apply with respect to a roads authority that has requested the proposed action.
59 Matters to be considered by RTA
The RTA must take the following matters into consideration before deciding on what to recommend to the Minister:(a) the submissions made by any roads authority concerned with respect to the proposed action,(b) whether the main road or proposed main road is or may become a major route for long-distance traffic,(c) the amount of money available or likely to become available for the construction and maintenance of the main road or proposed main road,(d) such other factors as are relevant to the decision.
60 Roads authorities may appeal to Minister
(1) Any roads authority that has made a submission with respect to the taking of any action to which this Division applies and is aggrieved by the RTA’s decision in connection with that action may appeal to the Minister against the decision.(2) An appeal:(a) must be in writing, and(b) must specify the grounds of appeal, and(c) must be served on the RTA not later than 28 days after the roads authority is notified that the RTA has decided to proceed with the proposed action.(3) The RTA must serve a copy of the notice of appeal on each other roads authority for the road concerned.(4) At the hearing of the appeal, the Minister may allow roads authorities other than the appellant to be heard.(5) After hearing the appeal, the Minister:(a) may make, amend or revoke the relevant order, or(b) may refuse to make, amend or revoke the relevant order.
Division 3 Distribution of certain functions between RTA and other roads authorities
61 Road works on certain classified roads
(1) It is exclusively the function of the RTA to make decisions as to what road work is to be carried out:(a) on any freeway, State highway or metropolitan main road, or(b) on any other classified road in respect of which the carrying out of that kind of road work is, by virtue of an agreement or direction under this Division, the responsibility of the RTA.(2) It is exclusively the function of the RTA to construct and maintain State works.
62 Roads agreements between RTA and roads authorities
(1) The RTA and a roads authority may enter into an agreement under which some or all of the functions of the roads authority with respect to a classified road become, to the extent provided by the agreement, the responsibility of the RTA.(2) While an agreement under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the agreement, to be exercised by the RTA.(3) This section does not limit the power of the RTA to exercise any function conferred on it by or under any other provision of this Act with respect to a classified road.
(1) The Minister may, if of the opinion that special circumstances so require, direct that some or all of the functions of a roads authority with respect to a classified road are to become, to the extent provided by the direction, the responsibility of the RTA.(2) While a direction under this section has effect, the functions of the roads authority with respect to the road are, to the extent provided by the direction, to be exercised by the RTA.
64 RTA may exercise functions of roads authority with respect to certain roads
(1) The RTA may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.(2) The roads authority for a classified road with respect to which the RTA is exercising a particular function may not exercise its functions with respect to the road in any manner that is inconsistent with that in which the function is being exercised by the RTA.Note. See Division 5 of Part 9 as to the exercise by the RTA of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system.
65 RTA has immunities of a roads authority
While exercising the functions of a roads authority under this Division with respect to a road for which it is not the roads authority, the RTA has the immunities of a roads authority with respect to that road.
66 RTA may exercise the functions of a roads authority in the unincorporated area
The RTA may exercise the functions of a roads authority with respect to all roads (whether public or private) that are outside a local government area as if those roads were public roads.
Division 4 Loss of access to a freeway, transitway or controlled access road
67 Restriction of access to freeways, transitways etc
(1) An order declaring a road to be a freeway, transitway or controlled access road may restrict access to or from the freeway, transitway or controlled access road.(2) In that event, the order:(a) must specify the points along the freeway, transitway or controlled access road at which access may be gained to or from other public roads, and(b) must, in addition to being published in the Gazette, be published in one or more newspapers circulating in the locality in which the freeway, transitway or controlled access road is located.
68 Entitlement to compensation
(1) If access across the boundary between any land and a public road is restricted or denied as a result of the road becoming a freeway, transitway or controlled access road, or if a person has started to construct a means of access to a freeway, transitway or controlled access road before its declaration as such and the consent of the RTA to its completion is refused, the roads authority must pay compensation to the owner of the land for any loss or damage arising from the loss of access.(2) Compensation is not payable to the owner of any land merely because:(a) adjacent land is acquired by the RTA for the purpose of opening a new freeway, transitway or controlled access road or widening an existing freeway, transitway or controlled access road, and(b) access is restricted or denied across the boundary between the owner’s land and such part of the freeway, transitway or controlled access road as comprises the land so acquired.(3) Compensation is payable under this Division only if a claim for the compensation is made within 12 months after the land concerned has been declared to be a freeway, transitway or controlled access road.
69 Amount of compensation payable
(1) The amount of compensation payable under this Division is an amount equal to the difference between the market value of the land immediately before, and the market value of the land immediately after, the right of access was restricted or denied.(2) In determining the amount of compensation:(a) the assessment of the market value of the land at the time it became subject to the restrictions must take into account any modifications of the restrictions that are attributable to any consent given by the RTA and any conditions attached to such a consent, or that are attributable to any undertaking that the RTA has given or promised, and(b) there must be taken into consideration any benefit that may accrue to any other land in which the claimant has an interest because of the construction or improvement (whether by the RTA or any other person) on land adjacent to that in respect of which the compensation is claimed of any road after the restrictions took effect or because of the effect of the restrictions, and(c) no account may be taken of the fact that, since the land became subject to the restrictions, the interest of the claimant has become, or has ceased to be, the same as the interest of the claimant in other land.
70 Construction of access to freeways, transitways etc prohibited
A person:(a) must not construct any means of access to or from a freeway, transitway or controlled access road otherwise than in accordance with the consent of the RTA, and(b) must not enter or leave a freeway, transitway or controlled access road except by a means of access or a route provided for that purpose.Maximum penalty: 10 penalty units.