LOCAL GOVERNMENT ACT 1989 - SCHEDULE 11

LOCAL GOVERNMENT ACT 1989 - SCHEDULE 11

Schedule 11—Powers of Councils over traffic

Sch. 11 cl. 1 amended by No. 33/1995 s. 11(a)(b).

        1     Powers concerning parking

    (1)     A Council may fix, rescind or vary—

        (a)     the days, hours and periods of time for which, and the conditions on which, vehicles may stand in a parking area in any highway or other parking area; and

        (b)     fees for any vehicles standing in a parking area and the manner of payment of those fees; and

        (c)     the fee for residents of any area which the Council sets aside as an area in which a resident parking scheme is to operate that allows a vehicle to stand in a parking area in any road in the area regardless of the fixed parking periods for that area.

    (2)     In this clause highway and parking area have the meanings they have in the Road Safety Act 1986 (or any regulations made under that Act).

        2     Power to issue special parking permits

A Council may issue a special parking permit to any disabled person to enable him or her to leave a vehicle standing on different conditions from those fixed under any part of clause 1.

Sch. 11 cl. 3 amended by No. 33/1995 s. 11(c)(d).

        3     Power to remove unregistered or abandoned vehicles

    (1)     A Council may—

        (a)     move or impound any unregistered vehicle or vehicle considered by it to be abandoned (and anything in, on or attached to, the vehicle);

        (b)     keep the vehicle in the place to which it has been moved or any other place;

        (c)     return the vehicle to its owner on payment of a fee; and

Sch. 11 cl. 3(1)(d) amended by No. 63/2012 s. 28(1).

        (d)     sell, destroy or give away the vehicle (and anything in, on or attached to, the vehicle) if the owner of the vehicle has not paid the fee within 14 days of the Council impounding the vehicle.

Sch. 11 cl. 3(1A) inserted by No. 63/2012 s. 28(2).

    (1A)     Before exercising the power conferred by subclause (1)(d), the Council must take reasonable steps to notify the owner of the vehicle that the vehicle has been impounded and may be sold, destroyed or given away unless the specified fee is paid within 14 days.

    (2)     The Council, and anyone who obtains the vehicle from the Council under subclause (1)(d), is not liable to the owner of the vehicle or any other person in respect of any action taken under that subclause.

    (3)     The fee set for the purposes of subclause (1)(c) must not exceed an amount that reasonably represents the cost to the Council of impounding, moving, keeping and releasing the vehicle (including any relevant overhead and other indirect costs).

Sch. 11 cl. 3(4) inserted by No. 63/2012 s. 28(3).

    (4)     For the purposes of subclause (1), a Council may consider that a vehicle has been abandoned if the vehicle has not been moved for 2 months.

Sch. 11 cl. 4 amended by No. 33/1995 s. 11(e).

        4     Power to move obstructing vehicles

A Council may move or impound any vehicle that is causing an unlawful obstruction, or that is unlawfully parked or left standing in an area designated by the Minister, and may charge the owner of the vehicle a fee of up to the amount of the fee set for the purposes of clause 3(1)(c).

        5     Power to move other obstructions

A Council may—

Sch. 11 cl. 5(a) amended by No. 109/2003 s. 92(a)(b).

        (a)     move any thing that encroaches on or obstructs the free use of a road or that reduces the breadth, or confines the limits, of a road (including any thing placed on the road under clause 9, 10 or 11);

        (b)     require any person responsible for, or in control of, the thing to move it.

        6     Power to restrict traffic near a construction site

For the purposes of enabling works to be carried out on or over a road, or land next to a road, a Council may—

        (a)     fence off and occupy part of the road;

        (b)     erect a structure or temporary crossing for vehicles on, or over, the road;

        (c)     permit a person to do anything the Council may do under paragraph (a) or (b).

        7     Power to close road on seasonal basis

A Council may close a road, or part of a road, for a particular period during the year.

        8     Power to erect and remove works and structures

    (1)     A Council may erect and remove any works or structures—

        (a)     to protect passengers, pedestrians and drivers on a road; or

        (b)     to regulate traffic on a road.

Sch. 11 cl. 8(2) repealed by No. 12/2004 s. 147(4).

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        9     Power to place obstructions or barriers on a road permanently

    (1)     A Council may block or restrict the passage or access of vehicles on a road by placing and maintaining any permanent barrier or other obstruction on the road.

Sch. 11 cl. 9(2) amended by No. 49/2019 s. 186(Sch. 4 item 25.3(a)).

    (2)     A Council must not exercise this power unless it has considered a report from the Head, Transport for Victoria concerning the exercise of the power.

    (3)     The exercise of this power is subject to any direction of the Minister.

Sch. 11 cl. 9(4) amended by Nos 12/2004 s. 147(5), 49/2019 s. 186(Sch. 4 item 25.3(a)).

    (4)     This clause does not apply to a freeway or an arterial road within the meaning of the Road Management Act 2004 , unless the Council has the consent of the Head, Transport for Victoria.

        10     Power to place obstructions or barriers on a road temporarily

    (1)     A Council may block or restrict the passage or access of vehicles on a road by placing and maintaining any temporary barrier or other obstruction on the road—

        (a)     for as long as is necessary to prevent any injury to any person or damage to any property (including damage to the road itself); or

        (b)     for as long as is necessary for a procession, public ceremony or function; or

        (c)     for a genuine traffic diversion experiment.

Sch. 11 cl. 10(2) amended by No. 49/2019 s. 186(Sch. 4 item 25.3(b)).

    (2)     A Council must not exercise the power given to it under subclause (1)(c) unless it has considered a report from the Head, Transport for Victoria concerning the exercise of the power.

Sch. 11 cl. 10(3) amended by Nos 12/2004 s. 147(5), 49/2019 s. 186(Sch. 4 item 25.3(b)).

    (3)     This clause does not apply to a freeway or an arterial road within the meaning of the Road Management Act 2004 , unless the Council has the consent of the Head, Transport for Victoria.

        11     Powers concerning shopping malls

A Council may declare a road, or a part of a road, to be a shopping mall and may prohibit or restrict the entry of motor vehicles into any such mall.

        12     Power to restrict use of road by vehicles of a certain size etc.

    (1)     A Council may prohibit or restrict the use of a road by any motor vehicle of, or over, a certain size or weight.

    (2)     Despite anything to the contrary in section 223, if in the opinion of the Council the use of a road by motor vehicles of, or over, a certain weight poses an immediate risk of danger to people or damage to property (including damage to the road itself), the Council may exercise a power under this clause before it makes a final decision on the exercise of the power.

        13     Power to determine speed limits

A Council may determine speed limits for vehicles on a road.

        14     Power to prohibit traffic on unsafe roads

A Council may prohibit or restrict traffic on a road that it considers is unsafe for that traffic.

Sch. 11A inserted by No. 43/1993

s. 5,

amended by Nos 33/1995

s. 10(a)–(c), 34/1996

s. 33(i), repealed by No. 27/1997

s. 26(2).

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